SUBHASH CHANDRA NAGAYACH Vs. STATE OF M. P.

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed seeking following reliefs:-

(2.) It is submitted by the counsel for the petitioner that on report of the petitioner, FIR in Crime No.229/2021 was registered by Police Station Lahar, District Bhind for offence under Ss. 323, 294, 452, 506, 34 of IPC. However, based on the same offence, a cross FIR was lodged on the next day i.e. 21/5/2021 by the accused party and FIR in Crime No.230/2021 was registered by Police Station Lahar, District Bhind against the petitioner for offence under Ss. 323, 294, 506, 34, 325 of IPC. Although the police has filed the charge sheet in Crime No.230/2021 but are not filing either the closure report or the charge sheet in the FIR lodged by the petitioner. Accordingly, it is prayed that the concerning police station may be directed to file the charge sheet in the FIR lodged by the petitioner also.

(3.) The Supreme Court in the case of D. Venkatasubramaniam v. M.K. Mohan Krishnamachari reported in (2009) 10 SCC 488 has held as under :-