VIVEK GOYAL Vs. STATE OF MP & OTHERS

JUDGEMENT

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

(2.) Learned counsel for petitioner contends that due to long standing enmity against certain persons and due to filing of several miscellaneous criminal cases by the petitioner, the petitioner apprehends a counter-blast, impelling him to approach this Court to seek the aforesaid relief.

(3.) Learned counsel for petitioner has placed reliance on the decision of the Apex Court in the case of Doliben Kantilal Patel v. State of Gujarat, 2013 AIR(SC) 2640 which inter alia lays down that the expression "reason to suspect the commission of offence" employed in Section 154, Cr.P.C. empowers the concerned Police Officer that in cases where there is background/material to suspect that cognizable offence may not have been committed as alleged then he is entitled to conduct a limited enquiry to satisfy him as to the allegations made. Meaning thereby, that if the attending facts and circumstances, in which the allegations are made of commission of a cognizable offence, which suggests long standing enmity or presence of element of malice, then officer concerned is not deprived of the power to conduct a limited enquiry to satisfy himself about the commission of cognizable offence.