BHARAT SINGH Vs. STATE OF M.P

JUDGEMENT

(1.) BY invoking jurisdiction of this Court under Article 226 of the Constitution, the petitioner has challenged the show cause notice dated 16.07.2012 (Annexure P/1) issued by Police Station Rithaura Kala, Morena. In this notice, petitioner is informed that in crime No. 28/2011 certain offences under Sections 420, 467, 468 IPC are registered against him. Treating his mining operation as illegal by which he has fraudulently extracted stone to the tune of crores of rupees, he was directed to show cause as to why this amount should not be recovered from the petitioner or his family members.

(2.) CRITICIZING this show cause notice, Shri N.K. Gupta, learned counsel for the petitioner submits that no doubt police can register offence and take action in accordance with law with regard to offence so registered. But, police has no authority to direct the petitioner to deposit the said amount. Moreso, when no breakup of amount or the method of calculating the amount is shown.

(3.) PRAYER is opposed by Shri B. Raj Pandey, Govt. Advocate by taking this Court to various paragraphs of the return.