Madhya Pradesh High Court
Shri Munnalal Gond vs The State Of Madhya Pradesh on 27 March, 2025
Author: Vivek Agarwal
Bench: Vivek Agarwal
NEUTRAL CITATION NO. 2025:MPHC-JBP:15190
1 WP-37417-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 27th OF MARCH, 2025
WRIT PETITION No. 37417 of 2024
SHRI MUNNALAL GOND
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
None for the petitioner.
Shri Dileep Singh Parihar - Panel Lawyer for the State.
ORDER
Shri Dileep Singh Parihar, learned Panel Lawyer submits that this petition is filed by Shri Munnalal Gond alleging that his son was murdered for which FIR was lodged on 03.03.2023 under Sections 302 and 201 of the IPC. Thereafter, prayer is made to direct the respondents 2 and 3 to take Shekhar Malgujar in custody in terms of the complaints contained in Annexures P-4 and P-5 and after investigation, he be subjected to appropriate punishment.
Shri Parihar submits that this matter was tried by learned 6th Additional Sessions Judge, Jabalpur in Session Case No.348/2023, (State of MP, PS - Panagar v. Suraj Gotia and Others). It is submitted that after trial, Suraj Gotia and Shivraj Gond have been acquitted. Another accused - Sukhdev is absconding and, therefore, a perpetual warrant is issued against him.
In view of such facts that trial Court has already conducted trial and Signature Not Verified Signed by: KOUSHALENDRA SHARAN SHUKLA Signing time: 3/28/2025 5:00:11 PM NEUTRAL CITATION NO. 2025:MPHC-JBP:15190 2 WP-37417-2024 passed judgment, remedy available to the petitioner is by way of appeal under Section 372 Cr.P.C. or its equivalent provisions under the Bhartiya Nagrik Suraksha Sanhita and not filing the present writ petition. Even otherwise, the petitioner has suppressed this fact that on 21.08.2024, the trial Court has already passed a judgment though the petition was filed on 25.11.2024. This conduct of the petitioner is not one which can be given seal of approval. It is prima facie an attempt to cause interference with the administration of justice.
The petition fails and is hereby dismissed.
(VIVEK AGARWAL) JUDGE ks Signature Not Verified Signed by: KOUSHALENDRA SHARAN SHUKLA Signing time: 3/28/2025 5:00:11 PM