REWA SHANKAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present petition is filed against the order dtd. 18/1/2022 passed in Revenue Case No.0356/B-121/2021-22 by the Court of Sub Divisional Officer (Revenue), Itarsi, Hoshangabad (Annexure P/1).

(2.) Learned counsel for the petitioner submits that the said authority cannot direct his subordinate authority i.e Tehsildar to lodge the F.I.R. against the petitioner. He placed reliance on a decision of Supreme Court in the case of Namen Singh alias Naman Pratap Singh and another Vs. State of Uttar Pradesh and others-(2019) 2 SCC 344. By taking this court to paragraph No.4, 7 and 9 of the said decision, he submits that the direction issued by the Sub Divisional Officer is without jurisdiction.

(3.) Learned Panel Lawyer for the State, however, opposed the prayer and submits that under Sec. 32 of the M.P. Land Revenue Code, 1959, the courts have inherent power to pass appropriate order as may be necessary to meet the ends of justice. He further submits that while examining the complaint and after conducting inquiry if the Court under M.P. Land Revenue Code finds that some offence has been committed, the said court is well within its jurisdiction to direct for lodging of F.I.R.