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2025 Supreme(MP) 919

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
VIJAY KUMAR SHUKLA, BINOD KUMAR DWIVEDI, JJ.
Sachin Sisodiya – Petitioner 
Versus 
The State Of Madhya Pradesh And Others – Respondents
Writ Petition No. 41584 of 2025 
Decided On : 03-12-2025

Advocates Appeared:
For the Petitioner:Shri Lakhan Bhawre, Shri Sagar Kharte and Shri Rakesh Kumar Ahirwar, Advocates
For the Respondents:Shri Anand Soni, Additional Advocate General.

Headnote:

Constitution of India -- Art. 226 -- public interest litigation -- maintainability -- petition seeking registration of FIR against one police officer -- one of the counsel who had appeared in earlier public interest litigation for similar relief, filed this public interest litigation after withdrawing said petition -- another petition already ended in compromise with victim -- present petition is a glaring example of abuse of public interest litigation -- it is filed with ulterior motive -- not genuine PIL -- dismissed with exemplary cost of Rs.1,00,000/-.(2010) 3 SCC 402, (2003) 8 SCC 576 and (2005) 5 SCC 136 followed. Writ Petition No. 1967 of 2006 decided on 28.11.2013 relied on. [Paras 3, 5, 6 & 9]

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ORDER

Vijay Kumar Shukla, J.

The present petition is filed in the nature of Public Interest Litigation by one Sachin Sisodiya seeking a direction against the respondent No.5 - Saurabh Kushwaha, Reserve Inspector (RI) for registration of FIR in Police Station AJK, District Khargone against respondent No.6 - Rahul Chouhan.

2. Learned counsel for the State raise a preliminary objection regarding maintainability of the present Public Interest Litigation. He has drawn the attention of this Court towards Annex.-P/3 stating that for similar relief a Public Interest Litigation was filed by one Arun i.e. Writ Petition No.34981/2025 and he was represented by one of the counsel i.e. Shri Rakesh Kumar Ahirwar, advocate, who is also an advocate in the present petition along with Shri Lakhan Bhawre, other advocate and the said petition was dismissed as withdrawn on 04/09/2025, which is reproduced as under:

"The present petition in the nature of Public Interest Litigation has. been filed by the petitioner seeking justice for one Rahul Chouhan, Constable posted at Police Station Khargone for the incident that took place on 23.08.2025.

Shri Lakhan Bhawre, learned counsel submits that he has filed a separate petition on behalf of Rahul Chouhan.

Once, the victim himself has approached this Court seeking justice, the present petitioner need not to invoke the jurisdiction of this Court by way of PIL as this issue is related to a citizen who has already approached this Court.

At this stage, learned counsel for the petitioner prays for withdrawal of this petition.

Prayer is allowed.

Accordingly, this petition stands dismissed as withdrawn."

3.A writ petition i.e. Writ Petition No.35388/2025 was filed by respondent No.5 - Rahul Chouhan in which victim compromised the matter and after verification of compromise by Principal Registrar of this Court, the petition was dismissed as withdrawn vide order dated 15/10/2025. Copy of the order dated 15/10/2025 is filed vide Document No.16345/2025, which is reproduced hereunder:

"1. Petitioner is present in person. In compliance of the order dated 14.10.2025 the petitioner appeared before the Principal Registrar of this Court. The Principal Registrar has submitted his report stating that he has identified the petitioner, who has categorically stated that he does not wish to prosecute this petition any further and wants to withdraw the same.

2. Thus since the petitioner himself is no longer interested in prosecution of the petition and wants to withdraw the same, his prayer is allowed and the petition is dismissed as withdrawn."

4. The contention of learned counsel for the State is that the present petition is nothing but an abuse of Public Interest Litigation with ulterior motive to blackmail the private respondent with some personal vengeance. He submitted that repeated petitions are being filed against the said police officer for taking action against him. He has also produced before us certain Screenshots of the Facebook posts, which are taken on record and are reproduced hereunder:

5. It is very surprising that one of the counsel, who had appeared in the earlier Public Interest Litigation i.e. Writ Petition No.34981/2025, apart from the complaint filed this Public Interest Litigation after withdrawing the previous petition.

6. Prima facie we are satisfied that the present petition is an glaring example of abuse of Public Interest Litigation. The Apex Court in the case of State of Uttaranchal Vs. Balwant Singh Chaufal and Others reported in (2010) 3 SCC 402 in paragraph 181 of the judgment has held as under:

"181. We have carefully considered the facts of the present case.

We have also examined the law declared by this Court and other courts in a number of judgments. In order to preserve the purity and sanctity of the PIL, it has become imperative to issue the following directions:

(1) The Courts must encourage genuine and bona fide PIL and effectively discourage and curb the PIL filed for extraneous considerations.

(2) Instead

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