LAWS(MPH)-2021-7-25

RAJ KUMAR SHUKLA Vs. STATE OF MADHYA PRADESH

Decided On July 01, 2021
RAJ KUMAR SHUKLA Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This writ appeal under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 has been filed by appellant-writ petitioner - Raj Kumar Shukla challenging the order dated 30.01.2020 passed by the learned Single Judge in W.P. No.2556/2020 (Raj Kumar Shukla vs. State of M.P. and others) whereby his writ petition has been dismissed.

(2.) The appellant-writ petitioner in the writ petition had prayed for a direction commanding the respondent No.1 - State of Madhya Pradesh, Secretary, Home Department and respondent No.2 - Inspector General of Police, Division Shahdol to transfer the investigation of criminal case registered against him by the Secretary Gram Panchayat, Jamuniha, to the Central Bureau of Investigation (CBI) and further direct the respondent No.6 - Superintendent of Police, CBI, District Jabalpur to conduct fair investigation.

(3.) According to the case set up by the appellant-writ petitioner, he is a social worker affiliated to Congress Party. He was also MLA representative of Shri Manoj Kumar Agarwal, the then Member of Legislative Assembly from Constituency No.86, Kotma, District Anooppur for the term from 2013 to 2018. However, in the new elections that took place in the General Elections of 2018, respondent No.5 - Sunil Saraf was elected as the new Member of Legislative Assembly, Constituency No.86, Kotma. It was contended that the respondent No.5 was instrumental in getting false complaints made against the writ petitioner. The writ petitioner had to approach this Court to seek protection. The respondent No.5 is exercising pressure on the investigation agency in order to falsely implicate the petitioner.