2023 Supreme(Online)(MP) 12306
GWALIOR BENCH
DEVENDRA PARIHAR – Appellant
Versus
THE STATE OF MADHYA PRADESH – Respondent
WP 13267 2023
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 1st OF JULY, 2023
WRIT PETITION No. 13267 of 2023
BETWEEN:-
DEVENDRA PARIHAR S/O PAHALWAN SINGH PARIHAR,
AGED-30 YEARS, OCCUPATION: LABOUR R/O VILLAGE
MAHAL
MOHALLA
SHADORA
TEHSIL
SHADORA,
ASHOKNAGAR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI V.K. SAHU- ADVOCATE)
AND
1.
THE STATE OF MADHYA PRADESH PRINCIPAL
SECRETARY
DEPARTMENT
OF
REVENUE,
VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
2.
PRINCIPAL
SECRETARY
DEPARTMENT
OF
S CHED ULE CASTE
WELFARE,
MP.
GOVT.
VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
3.
DIRECTORY
GENERAL
OF
POLICE POLICE
DEPARTMENT M.P. POLICE HEAD QUARTER
BHOPAL , (MADHYA PRADESH)
4.
INSPECTOR
GENERAL
OF
POLICE RANGE
G WA L I O R DISTRICT
GWALIOR
(MADHYA
PRADESH)
5.
DISTRICT COLLECTOR DISTRICT ASHOKNAGAR
(MADHYA PRADESH)
6.
SUPERINTENDENT
OF
POLICE DISTRICT
ASHOKNAGAR (MADHYA PRADESH)
7.
SUB DIVISION OFFICER OF POLICE SUB DIVISION
A S H O K N A G A R DISTRICT
ASHOKNAGAR
(MADHYA PRADESH)
8.
STATION
HOUSE
OFFICER POLICE
STATION
1
Signed by: CHANDNI
NARWARIYA
Signing time: 03-Jul-23
10:59:42 AM
Signature Not Verified
KACHANER DISTRICT ASHOKNAGAR (MADHYA
PRADESH)
9.
NEETU AHIRWAR, INSPECTOR OF MP POLICE
STATION HOUSE OFFICER KACHNAR DISTRICT
ASHOKNAGAR (MADHYA PRADESH)
10.
BABU ADIVASI, R/O VILLAGE KOLUA CHOWK
POLICE
STATION
BAHADURPUR,
DISTRICT
ASHOKNAGAR (MADHYA PRADESH)
11.
SHIV PRATAP KATARIA, R/O VILLAGE KOLUA
CHOWK
POLICE
STATION
BAHADURPUR,
DISTRICT ASHOKNAGAR (MADHYA PRADESH)
12.
RAJENDRA
KATARIA,
R/O VILLAGE
KOLUA
CHOWK
POLICE
STATION
BAHADURPUR,
DISTRICT ASHOKNAGAR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI VIVEK KHEDKAR- AAG FOR THE STATE)
This petition coming on for admission this day, the court passed the
following:
ORDER
The present petition is filed for seeking following reliefs:
(i) That, the respondents authorities may kindly
be directed to complete the investigation of the
present crime No.191/2022 offence register
under Sections 341, 324, 323, 294, 506, 34 of
IPC, and under Sections 3(1)(R), 3(1)(S), 3(2)
(Va) of SCST Act in speedy manner more
particularly the time framed as may be deem fit
by this Hon'bel Court in the facts and
circumstances of the case.
(ii) The Investigating Authority may kindly be
directed to enhance the charges under Section
304 of IPC.
(iii) The Investigating Authorities may kindly be
directed to take the documents of Annexure P-2
to P- as a part of the investigation of the present
2
Signed by: CHANDNI
NARWARIYA
Signing time: 03-Jul-23
10:59:42 AM
Signature Not Verified
crime number.
(iv) That, the investigating authorities may kindly
be directed to arrest the accused persons and to
make all endeavor to detect and find out the
location of the accused persons and arrest them
as per the prevailing provisions of law.
(v) That, the investigating agency may kindly be
directed to conducted the investigation of the
crime No.191/2022 police station Kachaner in
the light of the query medical reports of the
petitioner and medical reports of the petitioners
to enhance the section under Section 307 of IPC
in the interest of justice.
(vi) That, the respondent No.3 may kindly be
directed to file the status report of the present
case in form of the affidavit the interest of
justice.
At the outset, learned counsel for the petitioner submits that the grievance
of the petitioner would be redressed if the Special Judge, Atrocities,
Ashoknagar is directed to expedite the complaint registered under Section 200
of Cr.P.C. pending before it and decide it at an early date.
Per
contra, Shri Vivek Khedkar, learned AAG appearing of
respondent/State has no objection if such directions are issued to the concerned
Court.
Looking to the averments made in the application, this court deems it fit
to direct the Special Judge, Atrocities, Ashoknagar to expedite the proceedings
u/s 200 Cr.P.C. filed before it and decide the same as expeditiously as possible.
Wi