Madhya Pradesh High Court
Smt. Savita Jadon vs The State Of Madhya Pradesh on 15 June, 2021
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
WP No.9174/2021
Smt. Savita Jadon & Anr. vs. State of M.P. & Ors.
Heard through Video Conferencing
Gwalior, Dated : 15.06.2021
Shri Siddharth Sharma, Counsel for the petitioners.
Shri G.K. Agrawal, Government Advocate for the State.
This petition under Article 226 of the Constitution of India has
been filed seeking the following reliefs:
i. The Respondents be directed to not to
threaten and harass the petitioner and his family. ii. The enquiry be initiate and FIR be registered against the erring officials.
iii. The compensation be awarded to the
petitioner.
Any other relief which this Hon'ble Court deems fit in the facts and circumstances of the case may also kindly be granted.
It is the case of the petitioners that under the garb of investigation of Crime No.73/2021, register at Police Station Madhavnagar, District Ujjain, the police came to the house of the petitioners and misbehaved with them. It is also the case of the petitioners that the relatives of the petitioners are also accused in Crime No.351/2019 registered at Police Station Madhavnagar, District Ujjain. The relatives of the petitioners had also moved an application for grant of bail before the Indore Bench of this Court.
Heard the learned Counsel for the petitioners. 2 THE HIGH COURT OF MADHYA PRADESH WP No.9174/2021 Smt. Savita Jadon & Anr. vs. State of M.P. & Ors. Undisputedly, Police Station Madhavnagar, District Ujjain falls within the territorial jurisdiction of Indore Bench of this Court. If the police of Police Station Madhavnagar, District Ujjain, while investigating the matter has exceeded its jurisdiction, then two questions would arise:
(1) Whether the police personnel are entitled for protection under Section 197 of Cr.P.C.
(2) Whether, the act of the police in Bhind can be said to be an integral part of investigation which is pending in Police Station Madhavnagar, District Ujjain.
So far as the allegations made in the writ petition is concerned, it is clear that the allegations made by them, are the integral part of the investigation which is being done by the police of Police Station Madhavnagar, District Ujjain.
Without adjudicating as to whether the allegations made in the writ petition are correct or not and without adjudicating that even if the allegations are found to be correct, then whether the police personnels are entitled for protection under Section 197 of Cr.P.C. or not, this Court is of the considered opinion that since the investigation is pending in Police Station Madhavnagar, District Ujjain which falls within the territorial jurisdiction of this Court of Indore, therefore, the petitioners must approach the Indore Bench of 3 THE HIGH COURT OF MADHYA PRADESH WP No.9174/2021 Smt. Savita Jadon & Anr. vs. State of M.P. & Ors. this Court for redressal of their grievance.
At this stage, the counsel for the petitioners seeks permission of this Court to withdraw this petition with liberty to approach the Indore Bench of this Court.
By keeping all the questions open, the petitioners are permitted to withdraw this petition with liberty to approach the Indore Bench of this Court for redressal of their grievance.
With aforesaid liberty, the petition is dismissed as withdrawn.
(G.S. Ahluwalia)
(alok) Judge
ALOK KUMAR
2021.06.16 11:01:54 +05'30'