KRISHNA SWAROOP YADAV Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Article 226/227 of the Constitution of India has been filed not against any order but being aggrieved by the action on the part of respondent No.3, whereby despite of FIR registered at Crime No.402/2019 dated 10.08.20198 at Police Station Gole-Ka- Mandir, against the accused persons, no investigation is being carried out by the Police Authorities till date. Therefore, petitioner has filed the present petition seeking following reliefs:

(2.) Per Contra learned Government has submitted that petition is not maintainable for the aforesaid reliefs. It is further submitted that petitioner has a remedy of approaching concerned Magistrate, under whom Police Station Gole ka Mandir is situated so to make prayer for further investigation or fair investigation as such powers are vested in a Magistrate under the provisions of Section 156(3) of Cr.P.C. Same view has been taken by the Hon'ble Supreme Court in case of Aleque Padamsee and others Vs. Union of India and others, reported in (2007) 6 SCC 171 and Sakiri Vasu Vs. State of U.P., reported in (2008) 2 SCC 409, which has been subsequently reiterated and reaffirmed in the case of Sudhir Bhaskar Rao Tambe Vs. Hemant Yashwant Dhage and Ors. reported in (2016) 6 SCC 277 as follows:-

(3.) The Division Bench of this Court in the case of Shweta Bhadoria Vs. State of M.P. and Ors., reported in 2017 (1) MPLJ (Cri.) 338 has held as under;