AKASH TOMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Sec. 482 of the Code of Criminal Procedure has been filed by the petitioner seeking direction to the police authorities to conduct free and impartial investigation.

(2.) At the outset, learned Public Prosecutor 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.) Countering the submissions made by the learned Public Prosecutor, learned counsel for the petitioner submitted 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 this Court by invoking inherent powers under Sec. 482 of Cr.P.C. can direct the police authorities to conduct the investigation properly on the complaint so made by the petitioner.