NEETU SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present petition under Sec. 482 of Cr.P.C has been preferred seeking the following reliefs: It is therefore, most humbly prayed that this petition filed by the applicants may kindly be allowed and pleases to direct investigation authorities to conduct the fair and impartial investigation into the Crime No.465/2023 registered at Police Station Kampoo, Gwalior before the concerning court as early as possible in the interest of justice.

(2.) At the outset learned Government Advocate submits that the relief which has been sought by the petitioner is not maintainable in the light of the judgment rendered by the Hon'ble Apex Court in the case of Aleque Padamsee and others Vs. Union of India and others, (2007) 6 SCC 171, Sakiri Vasu Vs. State of U.P., 2008 AIR SCW 309 and Shweta Bhadauria Vs. State of M.P. And others, 2017 (1) MPJR 247 and the proper remedy available to the petitioner is to approach the competent Court of criminal jurisdiction under the provisions of Sec. 156 (3) of Cr.P.C., and therefore, the present petition under Sec. 482 of Cr.P.C is not maintainable.

(3.) Counter to the submission made by the learned Government Advocate, learned counsel for the petitioner submits that though as per the directions of the Hon'ble Apex Court the remedy available to the petitioner is before competent Court of Criminal Jurisdiction, but as per the provisions contained under Sec. 173 of Cr.P.C this Court can direct the police officials to complete the investigation as early as possible, and therefore, status report with regard to investigation done by the police officers be called for and they may further be directed to carry out the investigation properly.