Mithun Kushwaha vs State of Madhya Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 1271

SUSHRUT ARVIND DHARMADHIKARI
Mithun Kushwaha – Appellant
Versus
State of Madhya Pradesh – Respondent

Advocates Appeared:
Shri Mukund Sharma - Advocate, for the Appellant; Shri Praveen Namdeo - Government Advocate, for the Respondent

Table of Content
1. petitioner seeks relief for police inaction (Para 1 , 2)
2. state argues alternative remedy exists (Para 3)
3. court notes procedural obligations (Para 4 , 5 , 6 , 7)
4. writ petition dismissed; alternative remedies advised (Para 8 , 9)

JUDGMENT

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

'I. It is therefore, prayed that; this Hon'ble Court may kindly be pleased to direct the respondent authorities Police Authority to take appropriate action as per the proviso of Cr.P.C. by issuing appropriate writ of mandamus to compel him to perform their public duties in its entirety.

II. The Hon'ble Court may kindly be pleased to direct the Superintendent of Police Bhopal to take appropriate action in the application of Section 154(3) of Cr.P.C. 1973 and direct him to conduct disciplinary proceeding against police in-charge of subordinate police station.

III. That, this Hon'ble Court may kindly be pleased to decide the case on merit as petitioner is not interested to withdraw the instant writ petition on ground of availability of alternative remedy under Section 156(3) of Cr.P.C. 1973.

IV.