VIJAY SINGH Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2022-9-1
HIGH COURT OF MADHYA PRADESH
Decided on September 03,2022

VIJAY SINGH Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents


Referred Judgements :-

SUDHIR BHASKARRAO TAMBE V. HENT DHAGE MANT YASHWAAND [REFERRED TO]
SHWETA BHADORIYA VS. STATE OF M.P [REFERRED TO]
STATE OF BIHAR VS. J A C SALDANHA:J A C SALDANHA [REFERRED TO]
DILAWAR SINGH VS. STATE OF DELHI [REFERRED TO]
SAKIRI VASU VS. STATE OF U P [REFERRED TO]


JUDGEMENT

SUSHRUT ARVIND DHARMADHIKARI,J. - (1.)The present petition, under Article 226 of the Constitution of India has been preferred by the petitioner seeking the following reliefs:-
"(i) The Hon'ble Court may be pleased to call for the relevant record pertaining to subject matter for kind perusal of this Hon'ble Court.

(ii) The hon'ble Court may be pleased to direct the respondents No.3 and 7 to register the FIR under the appropriate Sec. of IPC as per written complaints Ann.P/9 to Ann.P/11 and to arrest the respondent Nos.8 and 9 for prosecution by issuing an appropriate writ order and direction.

(iii) Any other relief which this Hon'ble Court deems fit and proper may also be passed together cost of the petition."

(2.)Learned counsel for the petitioner submits that the petitioner is aggrieved by inaction of the respondents/Police Authority in not registering the FIR against respondents Nos.8 to 9. In this regard, petitioner has preferred several representations/complaints for registering the FIR against respondent Nos.8 to 9 but no action whatsoever has been taken thereupon. As such, the instant petition has been filed.
(3.)Per contra learned Government Advocate for the respondents/State contends that the relief prayed in this petition cannot be granted to the petitioner in view of the fact that petitioner is having an alternative efficacious remedy of filing complaint before the Magistrate under sec. 156(3) of the Cr.P.C. He further submits that it is well settled that disputed questions of fact cannot be looked into by this Court in Article 226 of the Constitution of India. As such, the present petition is liable to dismissed at the threshold.


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