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2022 Supreme(MP) 1286

SUSHRUT ARVIND DHARMADHIKARI
Suresh Kumar Gupta – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Shri Pradeep Singh Sengar - Advocate., for the Appellant; Smt.Gulabkali Patel - 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:-

    "(i) Respondents authorities may kindly be directed to lodge the FIR against the culprits.

    (ii) Any other relief which this Hon'ble Court deems fit in the facts and circumstances of the case may kindly be awarded.

    (iii) Cost of the petition may kindly be awarded".

    2. It is mentioned in the petition that the petitioner is aggrieved by inaction of the respondents No.1 to 3 in not registering the FIR against culprits. In this regard, petitioner has preferred representation (Annexures P/3 & P/4) for registering the FIR against the culprits; 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 contends 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) of the Cr.P.C. He further submits that it is well settled that disputed questions of fact cannot be looked into by this

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