SURENDRA KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Learned Government Advocate raised a preliminary objection about maintainability of the writ petition. He submits that in view of the case of Sudhir Bhaksar Rao Tambe Vs. Hemant Yashwant Dhage and Ors., reported in (2016) 6 SCC 277. He submits that the writ petition should not be entertained in criminal matters and the petitioner should be directed to approach the concerned magistrate concerned under Sec. 156(3).

(2.) In reply to the objection raised about the maintainability of the writ petition, Shri Rishi Tiwari learned counsel for the petitioner has submitted that the present writ petition is maintainable in light of the judgment given by the Supreme Court in the case of Lalita Kumari Vs. Government of Uttar Pradesh and Others, reported in (2014) 2 SCC 1.

(3.) The facts of the case are as under: