RAKESH KUMAR JAIN Vs. STATE OF M.P.

JUDGEMENT

(1.) It is submitted by learned counsel for the petitioner that in the present matter, accused persons are giving threats to the petitioner and his family members to pressurize the petitioner to do compromise in the matter, despite police is not taking any action against them as they are influential persons. It is further submitted that as per various judgments passed by Hon'ble Apex Court, documents submitted by the accused persons of this case cannot be considered during investigation, therefore, prayed to direct the investigating Authority to take action against the accused persons and not to consider any documents produced by accused persons. In support of his submissions, learned counsel for the petitioner has relied upon the judgments of the Hon'ble Apex Court passed in the cases of Azijz Begam Vs. State of Maharashtra and another [(2012) 3 SCC 126] and Lalita Kumari Vs. State of Uttar Pradesh and others [(2008) 7 SCC 164].

(2.) Learned State counsel has vehemently opposed the petition and has submitted that in order dated 30/11/2017 passed by co-ordinate Bench of this Court in M.Cr.C. No.10446/2017 (Prabal Dogra Vs. Superintendent of Police, Gwalior & State of MP), the Court has specifically observed that the jurisdiction under Section 482 of Cr.P.C. is very limited and shelter of aforesaid Section should be taken in very exceptional cases only. Learned State counsel has placed reliance on paragraph Nos.13 & 23 of order passed in Prabal Dogra (supra), which are extracted below for ready reference:-

(3.) Heard learned counsel for the parties at length and considered the arguments advanced by them and perused the available record. Section 482 of the Code of Criminal Procedure reads as under:-