A writ petition under Article 226 of the Constitution is not maintainable for grievances regarding police investigation or custodial misconduct where an alternative, efficacious remedy exists under the Code of Criminal Procedure or the Bharatiya Nagarik Suraksha Sanhita, requiring the petitioner to approach the concerned Magistrate first.

ORDER

This petition is filed seeking the following reliefs :-

7.1. That, this Hon'ble Court may kindly be pleased to call the entire record of the police investigation pertaining to Crime No.78/2025 registered in police station Jawa district Rewa MP.

7.2. That, this Hon'ble Court may kindly be pleased to direct the respondent to pay suitable compensation to the petitioner for the illegal detention.

7.3. That, the That the Hon’ble may kindly be pleased to direct the respondent no. 2 and 3 to take disciplinary action against the respondent no. 5 and take legal action in accordance with law.

7.4. That this Hon’ble Court may kindly be pleased to issue direction to the respondents to looks into the matter and fairly investigate the matter accordingly with the provisions of law after the enquiry.

7.5. Any other relief or writ or direction or order which this Hon’ble court may deem fit and proper looking the facts and circumstances of the case be awarded to the petitioner including the cost of the litigation."

2. It is the case of the petitioner that a marg intimation bearing no.29/2022 was registered by P.S. Jawa, District Rewa and after two to three years the Police has enquired into the matter and lodged the FIR in Crime no.78/2025 against the unknown person and on 23.03.2025 Jawa Police has arrested the petitioner from his residence situated in Mumbai and the intimation was given to the Police station Andheri Mumbai (Maharashtra) and brought the petitioner to the Police Station Jawa, District Rewa (MP) and without producing the petitioner to the nearest Magistrate, petitioner was kept in Police Station for five days and the SHO, Jawa used third degree to the petitioner for entire five days in the police station. Thereafter on 28.03.2025 by saying that no case is made out against him, the petitioner has been handed over to his mother at about midnight 2.00 o’clock. Subsequently, petitioner went to the Mumbai once again for his job and on 14.05.2025 S.H.O Jawa has once again sent a notice to the petitioner and asked to present before the District Court, Rewa and when the petitioner approached before learned Court below, he did not find his case in any Court. Subsequently, on 20.09.2025 second notice was sent to the petitioner for recording of his statement, although the petitioner has given his detailed statement before the Police Station Jawa. The petitioner has filed this petition being aggrieved by the action of the respondent no. 5 for unnecessarily harassing and torturing the petitioner and having kept him in the police station for a period of five days unauthorizedly without any rhyme and reason as well as for taking disciplinary action against the respondent no.5. It is also the case of the petitioners that the representations have already been submitted by the petitioner to the concerned Police authorities but no action has been taken on the representations submitted by him.

3. Counsel appearing for the State has vehemently opposed the prayer and has argued that the petitioner is having an alternative and efficacious remedy to approach the concerning Magistrate for redressal of his grievances, in case police authorities are not taking any action on the complaint submitted by him. He further submits that it is well settled that disputed questions of fact cannot be looked into by this Court in Article 226 of the Constitution of India. He has relied upon the judgments passed by the Hon'ble Supreme Court in the cases of Sakiri Vasu v. State of U.P. , (2008) 2 SCC 409, Sudhir Bhaskarrao Tambe v. Hemant Yashwant Dhage , (2016) 6 SCC 277 and Vinubhai Haribhai Ma