ASHOK KUMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal under Section 2(1) of the M.P. Uchcha Nyayalaya Khand Nyay Peeth Ko Appeal Adhiniyam, 2005 has been filed calling in question tenability of an order dated 19.08.13 passed by the Writ Court in W.P. No. 13851/13.

(2.) APPELLANT claims to be a resident of village Sultanpur, Distt. Raisen and it is his case that his son one Latees @ Shankar was having certain affair with a girl who is daughter of respondent no. 7. It is said that respondent nos. 7 and 8 were annoyed because of this relation and were not willing to perform the marriage of the girl with Latees @ Shankar. However, even though certain negotiations took place and the date of the marriage was settled but Latees was found dead on or around 11.05.13. On a complaint filed, even though the offences U/s. 294, 323 and 506B of I.P.C. was registered. It was the case of the appellant before the Writ Court that his son has been murdered and as proper investigation and F.I.R. has not been registered, he filed the writ petition. The Writ Court refused to interfere into the matter and applying the law laid down in the case of Aleque Padamsee and others Vs. Union of India and others, : (2007) 6 SCC 171 disposed of the writ petition giving liberty to the petitioner to file a complaint under Section 200 and seek investigation into the matter and disposed of the writ petition by holding that the petitioner has an efficacious remedy under the Code of Criminal Procedure.

(3.) RESPONDENTS have filed a detailed reply supported by an affidavit of the S.D.O. (P) Obedullaganj and based on the complaint and F.I.R. in Crime No. 215/13 Annexure R -1, an offence U/s. 304A was registered on 11.05.13. Statement of various persons including the statement of Satish Kumar and Ravindra Kumar namely the witnesses as mentioned by the complainant in his statement were recorded and it was found that it was a case of the accident and not a case of homicide as contended by the petitioner. It is said that investigation has been completed and process for filing of the challan is underway.