ANIL BHADAURIYA Vs. GANGESHWARI

JUDGEMENT

(1.) HEARD on the question of admission.

(2.) THIS intra Court appeal is preferred by the appellant under section 2(1) of M.P. Uchcha Nvayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 being aggrieved by the order of writ Court dated 15.6.201 5 passed in Writ Petition No.331 7/2015 whereby the petition tiled on behalf of petitioner/ respondent No. 1 under Article 226 of Constitution of India for appropriate direction to the authority of respondents to register the cognizable of fence on her complaint given in writing (Annexure P -1 to the petition), has been allowed and said writ petition was disposed of with some direction in the light of decision of apex Court in the matter of Lalita Kumari v. Government of Uttar Pradesh and others [( 2014)2 SCC 1 ].

(3.) APPELIANT 's counsel alter taking us through the papers placed on record along impugned order as well as record of writ Court, by referring a reported judgment of the apex Court of Lalita Kumari (supra), said that before registration of offence a preliminary enquiry should be held by the Station House Officer in respect of report Annexure P -1 with the petition given by respondent No. 1 in writing to the aforesaid Police Station. Madhoganj District Gwalior, for that purpose no specific direction was given by the writ Court and in the light of such direction, right of present appellant may be seriously prejudiced and he being government servant on registration of offence without enquiry has to suffer a lot in his career. In support of arguments, he has placed reliance on the decision of apex Court in the matter of Divine Retreat Centre v. State of Kerala and others [ (2008)3 SCC 542]. by referring paras No.49. 50 and 51 of said judgment, he said that before registration of offence, enquiry should be carried out by the Station House Officer of concerned Police Station in respect of averments of the report of complainant/respondent No.1. With this submission, he prayed to modify impugned order till aforesaid extent directing authority of respondents to hold an enquiry before registration of offence in compliance of impugned order of writ Court by allowing this appeal. In the back drop of aforesaid arguments, he has also prayed to extend liberty to the present appellant to file some papers in support of his ease before Investigating Officer.