MITHUN KUSHWAHA 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.) Learned counsel for the petitioner submits that the petitioner is aggrieved by inaction of the Police Authority in not taking appropriate action in the FIR under Sec. 154(3) of Cr.P.C. 1973. In this regard, petitioner has preferred representation before the Superintendent of Police, Bhopal on 19/4/2022 (Annexure P/2) 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 contended 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 be dismissed at the threshold.