JUDGMENT :

Vishal Mishra, J.

1. With consent of the parties, the matter is heard finally.

The present petition has been filed being aggrieved by the action on the part of the respondents/authorities, whereby, they are not taking any action with respect to written complaint lodged by the petitioner in the concerning Police Station as well as senior authorities, but the Police Authorities are not taking any note about the safety and security of the petitioner, because petitioner is having a serious apprehension of life and liberty from the private respondents specially from respondent No. 5 who is having criminal antecedents. In such circumstances, he has submitted several applications before the senior authorities, but they have not taken any action with respect to registration of FIR. It is argued that the police authorities are not investigating the matter and are not arresting the respondents till date as per the provisions under Sections 156 and 157 of Cr.P.C. In such circumstances, he has relied upon the judgment passed by the Principal Seat, at Jabalpur in the case of Rajendra Singh Pawar Vs. State of M.P. and Ors. passed in W.P. No. 18878/2020 vide order dated 24.12.2020, wherein, certain guidelines to be followed by the Police and held that Police Officer shall enter complaint in General Diary as per M.P. Police Regulation, 634 and give number of entry to complaints. If cognizable offence is made out, then First Information Report shall be registered. If preliminary inquiry is required then, same shall be completed within fifteen days. In case of delay after giving reasons preliminary inquiry shall be completed within 42 days and outcome shall be communicated to the complainant. In case of failure to complete preliminary inquiry in 42 days and communicate result to complainant, in such circumstances, the concerning Superintendent of Police shall take an appropriate action against the concerning Police Officers.

2. It is submitted that petitioner is a BMS Doctor and running a hospital known as Kaya Hospital situated at 30/15, Kesar Road, Race Course Road, Morar, District Gwalior. It is submitted that the petitioner was entered into an agreement with Sonu Mahore for running the aforesaid Hospital for thirty years. After establishment of hospital, the private respondent namely Sonu Mahore creating a nuisance in the smooth and better functioning of the Hospital, so that a notice dated 13.01.2021 was served upon Sonu Mahore by his counsel for the petitioner. The petitioner has also served a legal notice to one Smt. Neeraj Jain and One Gyan Singh who are unauthorizedly creating nuisance in the smooth and better functioning of the Hospital and also use the electricity without payment, therefore, the petitioner sent a notice to the aforesaid persons with a prayer to vacate the premises forthwith, but private respondents hire a anti social element namely Yadunath Singh Tomar who is impleaded as private respondent No. 5 in the present petition. Later on, Yadunath Singh Tomar along with other goons entered into the hospital and called to the petitioner and threatened him with respect to life and liberty. It is submitted that the said incident has also captured in CCTV Camera, despite of the fact that neither the authorities are not registering the FIR nor are giving the protection to the petitioner. In such circumstances, the present petition has been filed with the following reliefs:-

"(1) That, the respondents/authorities may kindly be directed to grant protection to the petitioner from the act of threatening of life and liberty to the petitioner by the private respondents.

(2) That, the respondent-Station House Officer of Police Station, Padav, District Gwalior may kindly be directed to act upon on the complaint Annexure P/5 so made by the petitioner in accordance with law recently held by Principal Seat of this Hon'ble Court in the case of Rajendra Singh Pawar (Supra) in the interest of justice.

(3) Any other writ, order or direction