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2022 Supreme(MP) 863

SUJOY PAUL, PRAKASH CHANDRA GUPTA
Gopi Lal Bharti – Appellant
Versus
Jyotiraditya M. Scindia R/o 1 – Respondent


Advocates Appeared:
Shri Sanjay Agrawal, Senior Advocate With Shri Kuber Boddh, Advocate, for the Appellant; Shri Ankur Modi And Yash Soni, Government, Advocates for the Respondent No.4/State, for the Respondent.

ORDER

1. With the consent finally heard.

2. Learned counsel for the parties fairly admitted that remaining respondents were not put to notice by the Court below and therefore, there is no need to hear them at present.

3. Shri Sanjay Agrawal, learned Senior counsel for the applicant submits that applicant filed an application under Section 156(3) before the Court below for taking cognizance of a cognizable offence and direct the police authorities to register an FIR. The Court below by impugned order dated 08.07.2020 dismissed the said application by holding that:-

    1. As per the judgement of Supreme Court in Smt Priyanaka Shrivastava and another Vs. State of U.P. & others (2015) 6 SCC 287, the applicant has not availed the remedy of preferring application before Superintendent of Police as envisaged in Section 154(3) of the Cr.P.C.

    2. The applicant has not filed any document to show that he preferred an application for registration of FIR before any police station.

    4. Learned Senior counsel for the applicant submits that on the basis of said two reasons, the application under Section 156(3) was dismissed. However, surprisingly the Court below while dismissing the application for noncompli

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