LAWS(MPH)-2021-3-49

OM PRAKASH SHARMA Vs. STATE OF M. P.

Decided On March 25, 2021
OM PRAKASH SHARMA Appellant
V/S
STATE OF M. P. Respondents

JUDGEMENT

(1.) Inherent powers of this Court u/S.482 Cr.P.C. are invoked praying for the following relief(s):

(2.) The present case reveals abject apathy and dereliction of duty on the part of Police in failing to register cognizable offence of theft in regard to which information was furnished as early as on 18.11.2019 (vide Annexure P-2) and despite the learned Magistrate passing order dated 23.12.2019 u/S.156(3) Cr.P.C., calling for report from Police Station Picchore, District Gwalior (M.P.). Pertinently while doing so the Magistrate kept the complaint filed by petitioner u/S.200 Cr.P.C. in a state of suspended animation (unregistered).

(3.) The petitioner/complainant herein after unsuccessfully knocking the doors of the Police and as well as Superintendent of Police, Gwalior (M.P.) u/S.154(1) and 154(3) Cr.P.C. respectively, approached the learned Magistrate u/S.156(3) Cr.P.C. by filing application on 23.12.2019 which was subjected to various hearings i.e. 13.01.2020, 05.02.2020, 26.02.2020 and 16.03.2020. On each occasion the police sought and was granted time to submit report in regard to the contents of application u/S.156(3). Thereafter, the matter could not be listed on the next date i.e. 30.03.2020 due to lockdown owing to Covid-19 pandemic. The Magistrate thereafter took up the matter on 10.07.2020 to be again adjourned due to non-resumption of physical hearing in courts. The proceedings u/S.156(3) in the case are now informed to have resumed, but to no avail since FIR has not yet been lodged by the police.