Shikha Nagvanshi vs State of Madhya Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 1366

SUSHRUT ARVIND DHARMADHIKARI
Shikha Nagvanshi – Appellant
Versus
State of Madhya Pradesh – Respondent

Advocates Appeared:
Shri Mukhtar Ahmad - Advocate., for the Appellant; Shri G.P. Singh - Government Advocate., for the Respondent

JUDGMENT

1. The present petition, under Article 226 of the Constitution of India has been preferred by the petitioner seeking the following reliefs:-

'1. The Hon'ble Court be pleased to direct the respondent No.1 to 5 to lodge FIR against the respondent No.6 and 7 and pursuant to the said FIR appropriate investigation may be conducted to take the legal proceeding to logical end.

2. Cost of the petition be awarded.

3. Any other relief which the Hon'ble Court deem fit be awarded.'

2. Learned counsel for the petitioner submits that the petitioner is aggrieved by inaction of respondents No.1 to 5/police authorities in not lodging the FIR against the respondents No.6 and 7. In this regard, the petitioner has submitted a representation to the Superintendent of Police, Balaghat on 10.09.2022 (Annexure P/7) but no action whatsoever has been taken thereupon. As such, the instant petition has been filed.

3. Per contra learned Government Advocate for the respondents/State contended that the relief prayed in this petition cannot be granted to the petitioner in view of the fact that petitioner is having an alternative efficacious remedy of filing complaint before the Magistrate under section 156(3) o