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NEUTRAL CITATION NO. 2026:MPHC-GWL:4306

1 WP-3421-2026

IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE

rd

ON THE 3 OF FEBRUARY, 2026

WRIT PETITION No. 3421 of 2026

PANKAJ SINGH KAURAV

Versus

THE STATE OF MADHYA PRADESH AND OTHERS

Appearance:

Shri Raju Sharma appeared for petitioner.

Shri Brijesh Kumar Tyagi Ga appearing on behalf of Advocate

General[r-1].

ORDER

This petition under Section 482 of Cr.P.C. has been filed seeking

following relief:

(i) Respondent No.3 may kindly be directed to take action against

Banti Gurjar @ Raghuraj Gurjar, Rinku Gurjar, Anoop Gurjar and

Ravi Gurjar on the First Information Report No. 76/2025 dated

14/12/2025 under section 296(b), 351(2), 351(4) of BNS and First

Information Report No. 82/2025 dated 20/12/2025 under section

296(b), 115(2), 351(3) and 3(5) of BNS

(ii) Any other relief which this Hon'ble Court may kindly deem fit

in the facts and circumstances of the case may kindly be granted to

the petitioner.

2. So far as the prayer made by the petitioner in the relief clause, the

same cannot be granted.

3. The Supreme Court in the case of D. Venkatasubramaniam v. M.K.

Signature Not Verified

Signed by: ASHISH PAWAR

Signing time: 04-02-2026

12:17:37

NEUTRAL CITATION NO. 2026:MPHC-GWL:4306

2 WP-3421-2026

Mohan Krishnamachari reported in (2009) 10 SCC 488 has 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 accordingly directed the police to expedite and

complete the investigation within six months from the date of

receipt of a copy of the order. The said order of the High Court is

impugned in these appeals.

25. It is the statutory obligation and duty of the police to

investigate into the crime and the courts normally ought not to

interfere and guide the investigating agency as to in what manner

the investigation has to proceed. In M.C. Abraham v. State of

Maharashtra (2003) 2 SCC 649 this Court observed: (SCC pp.

657-58, para 14)

" 14 . ... Section 41 of the Code of Criminal Procedure provides

for arrest by a police officer without an order from a Magistrate

and without a warrant. The section gives discretion to the police

officer who may, without an order from a Magistrate and even

without a warrant, arrest any person in the situations enumerated

in that section. It is open to him, in the course of investigation, to

arrest any person who has been concerned with any cognizable

offence or against whom reasonable complaint has been made or

credible information has been received, or a reasonable suspicion

exists of his having been so concerned. Obviously, he is not

Signature Not Verified

Signed by: ASHISH PAWAR

Signing time: 04-02-2026

12:17:37

NEUTRAL CITATION NO. 2026:MPHC-GWL:4306

3 WP-3421-2026

expected to act in a mechanical manner and in all cases to arrest

the accused as soon as the report is lodged. In appropriate cases,

after some investigation, the investigating officer may make up his

mind as to whether it is necessary to arrest the accused person. At

that stage the court has no role to play. Since the power is

discretionary, a police officer is not always bound to arrest an

accused even if the allegation against him is of having committed

a cognizable offence. Since an arrest is in the nature of an

encroachment on the liberty of the subject and does affect the

reputation and status of the citizen, the power has to be cautiou