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2024 Supreme(Online)(MP) 26806

HIGH COURT OF MADHYA PRADESH
Ritesh Tiwari – Appellant
Versus
The State Of Madhya Pradesh – Respondent


Advocates:
Sourabh Kumar Sharma,Advocate General

ORDER

The grievance of the petitioner is that despite moving a complaint disclosing cognizable office before the In-Charge Police Station in terms of Section 154(1) of Cr.P.C., no action has been taken. Thereafter the petitioner has also complied with requirement of law in terms of Section 154 (3) of Cr.P.C. by moving a representation before the Superintendent of Police, but the Superintendent of Police has also not taken any action on the representation of the petitioner.

Learned counsel for the petitioner by referring to Lalitha Kumari Vs. State of U.P. and others, (2014) 2 SCC 1, submits that in the event of complying with the requirement of law in terms of Section 154 (1) and (3) of Cr.P.C., the Police is bound to register a case after holding preliminary inquiry. If commission of cognizable offence is found to have been committed, then there is no escape but to lodge an FIR. In case no cognizable offence is found to have been committed, complainant needs to be communicated by the Police within a reasonable time of seven days. In the instant case, the parameters laid down in paragraphs 20 and 21 of Lalitha Kumar's case (supra), have not been followed.

At this stage, this peti

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