Madhya Pradesh High Court
MCRC/4052/2010 of PREETAM SINGH Vs STATE OF M.P. on 5 February 2024
COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI
IN THE HIGH COURT OF MADHYA PRADESHAT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKEON THE 5[th] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 4052 of 2010
BETWEEN:-
PREETAM SINGH S/O S/O HEM SINGH , AGED ABOUT 58YEA R S , OCCUPATION: R/O VILL.UDAYPUR,THANABIJOLI ,DISTT. GWALIOR (MADHYA PRADESH)
(BY SHRI ARJUN SHARMA - ADVOCATE)
.....APPLICANT
AND
STATE OF M.P. THR. PS MORAR, GWALIOR(MADHYAPRADESH)
.....RESPONDENTS
(BY SHRI PAWAN SINGH RAGHUVANSHI - GOVT. ADVOCATE)
This application coming on for direction this day, the court passed the following:
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ORDER
This petition under Section 482 of the Code of Criminal Procedure hasbeen filed by the petitioner seeking direction to the police authorities to filechalan in relation to Crime No. 398 of 2010 as well as to arrest the accusedpersons.
2. At the outset, learned Public Prosecutor submits that the relief whichhas been sought by the petitioner is not maintainable in the light of the judgmentrendered by the Hon'ble Apex Court in the case of Aleque Padamsee andothers Vs. Union of India and others, (2007) 6 SCC 171, Sakiri Vasu Vs.
State of U.P., 2008 AIR SCW 309 and Shweta Bhadauria Vs. State ofM.P. And others, 2017 (1) MPJR 247 and the proper remedy available to thepetitioner is to approach the competent Court of criminal jurisdiction under theprovisions of section 156 (3) of Cr.P.C., and therefore, the present petitionunder Section 482 of Cr.P.C is not maintainable.
3. Countering the submissions made by the learned Public Prosecutor,learned counsel for the petitioner submitted that though as per the directions ofthe Hon'ble Apex Court the remedy available to the petitioner is beforecompetent Court of Criminal Jurisdiction, but this Court by invoking inherentpowers under Section 482 of Cr.P.C. can direct the police authorities toconduct the investigation properly and to file chalan in relation to the FIR somade by the petitioner.
4. After hearing the rival contentions, this Court finds that the issue withregard to directing the police officials to make arrest of the accused personsand file challan before the competent court of jurisdiction is no more resintegra. In the judgments cited by the learned counsel for the respondent/State the issue is very well settled that such type of directions can only be given bythe Judicial Magistrate of competent criminal jurisdiction under the provisionsof section 156 (3) of Cr.P.C.
5 . In the light of the aforesaid, this petition being devoid of anysubstance is hereby dismissed. The petitioner is at a liberty to approach theconcerned Judicial Magistrate for redressal of his grievance.
(MILIND RAMESH PHADKE)JUDGE