DEVENDRA KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) It is submitted by the counsel for the petitioner that on complaint made by the petitioner, the police has already registered Crime No.191/2022 at Police Station Kachaner, District Ashoknagar.

(2.) It is submitted that since there was a delay in the investigation, therefore, the petitioner approached this Court by filing W.P.No.20832/2022. The said writ petition was disposed of by order dtd. 21/9/2022 with an observation that in case, if there is any lapses in the investigation, then the complainant can approach the concerning Magistrate under Sec. 156(3) of CrPC. It is submitted that accordingly the petitioner approached the concerning Special Judge under Sec. 156(3) of CrPC but instead of monitoring the investigation and issuing necessary instructions as directed by the Supreme Court in the case of Sudhir Bhaskarrao Tambe v. Hemant Yashwant Dhage and Ors. reported in (2016) 6 SCC 277, the Special Judge decided to proceed further with the complaint under Sec. 202 of CrPC and the statements have also been recorded. It is submitted that in the light of Sec. 210 of CrPC said proceedings adopted by the Special Judge was not permissible. However, it is clear from order dtd. 2/2/2023 that the police has already submitted its report on 3/2/2023 and the case was fixed for arguments on 22/2/2023.

(3.) The counsel for the petitioner is not in a position to submit as to what transpired before the Special Judge on 28/2/2023.