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NEUTRAL CITATION NO. 2026:MPHC-GWL:3896

1 WP-17611-2025

IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE

th

ON THE 28 OF JANUARY, 2026

WRIT PETITION No. 17611 of 2025

RAAVI SINGH TOMAR

Versus

THE STATE OF MADHYA PRADESH AND OTHERS

Appearance:

Shri Awdhesh Singh Bhadauria - Advocate for the petitioner.

Shri Brijesh Kumar Tyagi - Public Prosecutor for the

respondent/State.

ORDER

This petition under Article 226 of the Constitution of India has been

filed by the petitioner challenging the order dated 07.05.2025 passed by the

Fifth Additional Sessions Judge, Bhind in Criminal Revision No. 73/2025,

whereby the criminal revision preferred by the petitioner was dismissed,

affirming the order dated 12.08.2024 passed by the Judicial Magistrate First

Class, Bhind in UNCR No. 211/2023, through which the petitioner’s

application under Section 156(3) of the Code of Criminal Procedure was

rejected.

2. In brief, the facts of the case are that on 26.03.2023, at about 03:15

PM, a gambling den was being operated on the bank of the Kwari River in

village Rohanda, where several persons had gathered. The complainant and

his father, Shri Prayag Singh Tomar, were also present there. At that time,

Signature Not Verified

Signed by: YOGENDRA

OJHA

Signing time: 2/3/2026

1:51:36 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:3896

2 WP-17611-2025

Constable Abhishek Rajawat and Constable Devendra Jatav, posted at Police

Station Ater, District Bhind, arrived on a Pulsar motorcycle in civil dress.

Upon seeing the said constables, chaos ensued and people started fleeing.

The said two constables chased the complainant’s father, Shri Prayag Singh

Tomar, and the complainant also followed them from behind. The

complainant saw that on the bank of the Kwari River, the said constables

were quarrelling with his father and forcibly snatching money from him.

When the complainant’s father objected, Constable Abhishek Rajawat and

Constable Devendra Jatav pushed Shri Prayag Singh Tomar into the Kwari

River. When the complainant came forward to rescue his father, the said

constables fired shots at the complainant from their revolvers with an

intention to kill him. Due to drowning in the river, the complainant’s father

died. The complainant immediately called the police on 100 number and the

police reached the spot; however, the dead body of the complainant’s father

was recovered only on 28.03.2023. In relation to the said incident, the

complainant immediately submitted complaints to the Station House Officer,

Police Station Ater, and to the Superintendent of Police, Bhind, but the

Station House Officer merely gave assurances that he would not provide any

receipt of the complaint and action would be taken against the constables.

Subsequently, a receiving was obtained from the office of the Superintendent

of Police through SDOP Smt. Poonam Thapa. Thereafter, the complainant

became engaged in the funeral rites and last ceremonies of his father. The

complainant was informed that both constables had been suspended and an

FIR would be registered shortly; however, no FIR was registered against the

Signature Not Verified

Signed by: YOGENDRA

OJHA

Signing time: 2/3/2026

1:51:36 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:3896

3 WP-17611-2025

said constables in respect of the murder of the complainant’s father. When

till 24.04.2023, no FIR was registered, the complainant sent a written

complaint on 24.03.2023 through registered post to the Station House

Officer, Police Station Ater, District Bhind, and also sent a complaint

through registered post to the Superintendent of Police, Bhind, but still no

FIR was registered by any authority. Thereafter, the complainant filed an

application under Section 156(3) of the Code of Criminal Procedure before

the JMFC Court, Bhind. In the said matter, the Superintendent of Police,

Bhind, found that the two constables were illegally present at the place of

occurrence and accordingly suspended them. The learned JMFC Court called

for a report from the police, in co