KRISHNA KUMAR GAUTAM Vs. STATE OF MP

JUDGEMENT

(1.) PETITIONER submits that partition took place between the brothers on 30.5.1996. After partition with a view to grab the land of the petitioner Shri Ramanuj Gautam, elder brother of the petitioner filed a civil suit no. 195A of 1998 before the civil Court which is still pending. Ramanuj in collusion with few anti -social elements started harassing the petitioner and his family members. The incident took place on 27.6.2000 in which Krishnadas Gautam petitioner No. 3 was abducted by Ramanuj Gautam. Ram Prakash Gautam went to lodge FIR, SHO did not lodge the report. Complaint was lodged to the Superintendent of Police. Thereafter one police officer encroached upon the land with help of the some anti -social elements. Another representation was filed to S.P. on 18.8.2000. Petitioner filed a writ petition No. 5652/2000. This Court directed the petitioner No. 2 to make representation to the S.P. and directed the S.P. to look into the grievance of the petitioner. Petitioner submitted representation on 3.11.2000. An application for contempt was filed. Petitioner thereafter filed another writ petition No. 3986/2001 for quashment of the proceedings before the JMFC and for other reliefs. It was directed that petitioner should approach the S.P. and criminal Court concerned in criminal case No. 436/2000. That writ petition was disposed of on 6.11.2001.

(2.) PETITIONER submitted that recently on 1.4.2002 anti -social elements blocked the way of the petitioners. Civil suit is pending between the petitioner and his brother and the dispute appears to be the outcome of the family feud. Criminal case is also pending before the JMFC. No interference is called for in the writ petition. However, suffice to observe that if any report of cognizable offence is made by the petitioner, it is the duty of the police to enquire into it in fair and impartial manner and to take appropriate steps. In case petitioner is aggrieved, petitioner is free to file complaint before the competent criminal Court. With the afoaresaid observations, writ petition is dismissed.