SURESH KUMAR GUPTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present petition, under Article 226 of the Constitution of India has been preferred by the petitioner seeking the following reliefs:-

(2.) It is mentioned in the petition that the petitioner is aggrieved by inaction of the respondents No.1 to 3 in not registering the FIR against culprits. In this regard, petitioner has preferred representation (Annexures P/3 and P/4) for registering the FIR against the culprits; but, no action whatsoever has been taken thereupon. As such, the instant petition has been filed.

(3.) Per contra learned Government Advocate for the respondents/State contends that the relief prayed in this petition cannot be granted to the petitioner in view of the fact that petitioner is having an alternative efficacious remedy of filing complaint before the Magistrate under sec. 156(3) of the Cr.P.C. He further submits that it is well settled that disputed questions of fact cannot be looked into by this Court in Article 226 of the Constitution of India. As such, the present petition is liable to dismissed at the threshold.