Gouri Suryawanshi vs State of Madhya Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 878

SUSHRUT ARVIND DHARMADHIKARI
Gouri Suryawanshi – Appellant
Versus
State of Madhya Pradesh – Respondent

Advocates Appeared:
Shri A.K.Sharma - Advocate, for the Appellant; Shri Dilip Parihar - Panel Lawyer, Respondent No.4 By Shri B.S.Thakur - 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) That this Hon'ble Court may kindly be pleased to issue writ in the nature of Mandamus commanding the respondent no.2 to initiate proceedings as per section 154(3) of the Cr.P.C. against the respondent no.4 and to register a crime and conduct fair and impartial investigation on the basis of the complaint against respondent no.4 as per annexure P/1 to P/3.

ii) Any other writ or writs, order or orders, which this Hon'ble Court deems fit and proper may also be passed together cost of the petition.'

2. Learned counsel for the petitioner submits that the petitioner is aggrieved by inaction of the respondents No.2 and 3/Police Authority in not registering the FIR against respondent No.4. In this regard, petitioner has preferred representations on 0.10.2015 and 28.11.2015 (Annexures P/1, P/2 and P/3) for registering the FIR against respondent No.4; 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