IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE HIMANSHU JOSHI

th

ON THE 18 OF DECEMBER, 2025 WRIT PETITION No. 48761 of 2025

SURAJ DHAKRE AND OTHERS

Versus

THE STATE OF MADHYA PRADESH AND OTHERS

Appearance:

Shri Aman Raghuwanshi - Advocate for the petitioners.

Ms. Priyanka Mishra - Government Advocate for the State.

ORDER vehicles cameras which rescued the petitioner No.1 and Petitioner No.1 from the crime scene and dropped them to hospital, which are clear cut evidences of present crime and crime scene, where the accused persons painted the town and committed the offence of rioting and Attempt to Murder.

The petitioners have filed present petition under Section 226 of the

Constitution of India seeking the following relief:-

"1. The Hon’ble Court may Issue an appropriate writ, order or direction, that the investigation in Crime No.504/2025 registered with Police Station, Devri, District Sagar for the offence punishable under Sections 191(2), 115(2), 296(a), 126(2), 109(1), 324(6), 351(2) and 3(5) of Bhartiya Nyay Sanhita, 2023 against the 6 accused persons, shall be forthwith entrusted to the CBI or State C.LD or any independent investigating agency.

2. The Hon’ble Court may direct that the

investigation shall be monitored by a senior officer of the State C.I.D. not below the rank of ACP or SP, and he shall take weekly review of the progress of the investigation in CrimeNo.504/2025 registered with

Police Station, Devri, District Sagar.

3. The Hon’ble Court may Direct the Investigating

Agency i.e Respondent no. 5 and 6 to immediately collect CCTV footage of Cameras of the police 112 vehicles used to carry injured victims Ganesh and Brijkishore at Yashodha Dhaba situated at Silari Chouraha, Devri, District Sagar, CCTVs of Mahrajpura toll tax where the accused persons were waiting for the victims with hockey sticks an lathis and where the accused persons put their vehicles sideways to stop the victims from passing the toll, and CCTV footage of 112

4. The Hon’ble Court may also direct in the light of Section 193 (1) of BNSS to complete investigation without unnecessary delay.

5. The Hon’ble Court may order or direct competent Authorities to afford protection to the petitioner and her family members.

6. Any other relief which this Hon’ble Court may deem fit and proper, in the facts and circumstances of the case."

2. It is submitted by counsel for the petitioner that the complainant has filed a complaint against the accused persons and offence was registered against them vide Crime No.504/2025 registered in Police Station Devri District Sagar on 11.11.2025 for the offences punishable under Sections 191(2), 115(2), 296(a), 126(2), 109(1), 324(6), 351(2), 3(5) of BNS, 2023. It is further submitted that after filing of FIR, no further action has been taken by the Police. Out of six accused accused persons, five has not yet been arrested. Hence, it is prayed that the a direction may be given to the respondents authorities to arrest the remaining accused persons and charge sheet may also be filed in this regard. He has placed reliance upon the judgment passed by the Supreme Court in the case of D. Venkatasubramaniam and others Vs. M.K. Mohan Krishnamachari and another reported in (2009) 10 SCC 488, wherein it has been held as under:

''19. The High Court, within a period of one month from the date of filing of the petition, finally disposed of the same observing that, “it is obligatory on the part of the respondent police to conduct investigation in accordance with law, including recording of statements from witnesses, arrest, seizure of property, perusal of various documents and filing of chargesheet. It is also needless to state that if any account is available with the accused persons, or any amount is in their possession and any account is maintained in a nationalised bank, it is obligatory on the part of the respondent police to take all necessary steps to safeguard the interest of the aggrieved persons in this case”.

The Court