RAM PRASHAD Vs. STATE OF MADHYA PRADESH THR

JUDGEMENT

(1.) The present Misc. Criminal Application has been filed by the petitioner seeking following relief;

(2.) It is submitted by counsel for the petitioner that on the complaint being made by respondent No.3 an FIR has been registered against the unknown person for offence u/S.304-A of IPC . It is alleged that the complainant went Gohad Chauraha for purchase of diesel with his motor-cycle bearing registration No. MP-30-ML-8909 and one Akash Bhagel was sitting behind him. They went to Sardar Petrol Pump which was closed and thereafter they went to Nigotiya Petrol Pump and thereafter when they were standing on the Bhind Gwalior Highway road at about 3:45 a.m. an unknown truck came there from the side of Mehgaon and has dashed to Akash Bhagel which resulting into his death. The incident has been seen by Arvindra Singh Tomar and Lakhan Singh Baghel. It is submitted that the police authorities have not investigated the matter properly and has furnished the F.R. in the matter. Thus, from the material available on record it is a clear-cut case of murder, therefore, he has filed the present petition seeking a direction to the authorities for fair investigation.

(3.) Per Contra learned Government has submitted that petition is not maintainable for the aforesaid reliefs. If the petitioner in any condition is affected by the aforesaid registration of criminal case, he is having an alternative and efficacious remedy under the Criminal Procedure Code and writ petition directly before this Hon'ble Court is not maintainable.