Madhya Pradesh High Court
Mahendra Pratap Singh Rathor vs The State Of Madhya Pradesh on 26 August, 2014
WP.No.3227/2014
(Mahendra Pratap Singh Rathore Vs. State of M.P. )
26.08.2014
Shri Vivek Mishra, Advocate for the petitioner.
Shri B.Raj Pandey,Govt. Advocate for the Respondents/
State.
This petition has been filed under Article 226 of Constitution of India against the inaction of respondent authorities in not registering FIR under Section 154 Cr.P.C. on the basis of complaint (Annexure P-1) dated 19.07.2014 made by the petitioner.
It is the further grievance of the petitioner that despite informing police authority of commission of cognizable offence by way of Annexure P-1, no FIR has been lodged till date.
Learned counsel for the petitioner has placed reliance on the recent decision of the Apex Court in the case of Lalita Kumari Vs. Government of U.P. & Ors. reported in JT 2013 (14) SC 399.
This petition without commenting upon the merits of the matter and with consent of learned counsel for the rival parties stands disposed of with direction to the respondent No. 2 Superintendent of Police, Distt.Gwalior (M.P) to take suitable action in accordance with law under section 154 of Cr.P.C. on the basis of complaint made by the petitioner vide Annexure P-1 , if the same discloses commission of cognizable offence.
WP.No.3227/2014The above said action be taken by the Superintendent of Police, District Gwalior(M.P.) within a period of 30 days from the date of receipt of certified copy of this order alongwith additional copy of complaint Annexure P-1 dated 19.07.2014.
It is needless to emphasis that while complying with this order the directions and exceptions contained in para 111 of the decision of the Supreme Court in Lalita Kumari's case (supra) be kept in mind.
No order as to cost.
(Sheel Nagu) Judge sh/-