IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA ON THE

2nd OF JANUARY, 2024 WRIT PETITION No. 31171 of 2023 BETWEEN:-

ASHWANI KUMAR MISHRA S/O ARVIND DEV MISHRA, AGED ABOUT 25 YEARS, OCCUPATION: UNEMPLOYED R/O VILLAGE KEOTI POLICE CHOWKI LALGAON POLICE STATION GARH DISTRICT REWA (MADHYA PRADESH)

.....PETITIONER (BY SHRI DHEERENDRA KUMAR SHUKLA - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THROUGH THE POLICE STATION GARH DISTRICT REWA (MADHYA PRADESH)

2. ARVIND DEV MISHRA S/O LATE HARIVANSH PRASAD MISHRA R/O VILLAGE KEOTI POLICE CHOWKI LALGAON POLICE STATION GARH DISTRICT REWA (MADHYA PRADESH)

3. RAMADHAR MISHRA S/O LATE SHRI NIWAS MISHRA R/O VILLAGE KEOTI POLICE CHOWKI LALGAON POLICE STATION GARH DISTRICT REWA (MADHYA PRADESH)

4. PRABHAKAR SHARMA S/O ARUN KUMAR SHARMA (SAHAYAK SACHIV) GRAM PANCHAYAT KEOTI JANPAD PANCHAYAT GANGEV R/O VILLAGE KEOTI POLICE CHOWKI LALGAON POLICE STATION GARH DISTRICT REWA (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI NAVEEN DUBEY – GOVERNMENT ADVOCATE)

………………………………………………………………………………………

This petition coming on for admission this day, the court passed the following:

O R D E R

This petition, under Article 226 of Constitution of India, has been filed seeking the following reliefs :-

“(i) To issue a writ in the nature of mandamus to direct the respondent No.1 to submit the enquiry report before learned court below for taking action against the private respondents, in the interest of justice.

(ii) Any other relief which this Hon’ble court may deems fit and proper, including the cost of the litigation and consequential benefits.”

2. It is the case of petitioner that petitioner has filed a complaint case before JMFC, Sirmour, District Rewa. However, the matter is still pending. Concerning Magistrate has sought an inquiry report from the police but the report has not been submitted so far and the case is being adjourned.

3. Heard the learned counsel for the petitioner.

4. A Division Bench of this Court in the case of Om Prakash Sharma Vs. State of M.P. and another, reported in 2021 SCC Online MP 630: ILR 2021 MP 984 has held as under :-

“19. This Court, thus, needs to visualize that for how long the Magistrate can keep the complaint u/S. 200 Cr.P.C. in a state of suspended animation, when the investigation is getting delayed and charge-sheet is not filed even on expiry of the period of 60/90 days or any longer period statutorily provided.

19.1 The answer to this question lies in meaningful interpretation of Section 210 Cr.P.C.

19.2 Sub-section (1) of Section 210 Cr.P.C. obliges the Magistrate to stay the proceedings of enquiry/trial initiated pursuant to complaint u/S. 200Cr.PC, whenever the Magistrate comes to know that police investigation qua the same offence and the same accused is pending. The provision also makes it obligatory on the Magistrate to call for a report from the police in such a situation.

19.3 Sub-section (2) of Section 210 Cr.P.C. deals with the contingency that pursuant to the situation contemplated by Section 210(1) if charge-sheet is filed u/S. 173 by the Police and cognizance of offence alleged is taken by the Magistrate against the person who is also accused in the complaint u/S. 200 Cr.P.C. then both the cases i.e. complaint u/S. 200 and the charge-sheet filed by Police shall be adjudicated simultaneously by treating both as cases instituted on police report.

19.4 Sub-section (3) of Section 210 Cr.P.C. lastly provides that in case the charge-sheet filed u/S. 173 Cr.P.C. is not against a person who is an accused in the complaint case or if the Magistrate does not take cognizance of the offence in charge- sheet filed by the police, then the Magistrate shall proceed with the enquiry/trial originating from complaint filed u/S. 200 Cr.P.C.

19.5 The common thread which runs through all the three sub-sections of Section 210 is the foundational presumption that the investigation shall be conducted expeditiously without any unnecessary delay, so that the fate of t