Munnalal Jain vs State Of Madhya Pradesh And others

The petitioner has filed the present petition seeking direction to the respondents to register an F.I.R. against the accused persons.

Counsel for the petitioner submits that accused persons have committed cognizable offence and F.I.R. is required to be registered against them. Since the Police authorities are not taking any action, therefore, the present writ petition has been preferred for direction to the Police authorities to take appropriate action on the basis of Lalita Kumari Vs. State of U.P. (2014) 2 SCC 1.

On the other hand, the learned counsel for the respondents has opposed the prayer of the petitioner and submitted that in case the Police authorities are not taking any action, the petitioner is having remedy under Section 200 of the Cr.P.C. to file a complaint before the Magistrate as well as approaching the Magistrate under Section 156 (3) of Cr.P.C.

This issue is no more res integra and the issue has been decided by a Division Bench at the Principal Seat Jabalpur in Writ Appeal No.709/2016 vide order dated 13.10.2016 by which the appeal has been dismissed with liberty to the appellant to take recourse by approaching the competent Court of criminal jurisdiction by filing a private complaint and similar view has been taken by the principal seat at Jabalpur in WA. No. 658/2017 vide order dated 08/08/2017 following the judgment of coordinate Bench of this Court in the case of Shweta Bhadoriya, Vs State of M.P. & others 2017 (1) MPLJ (Cri) 338)

In another case, the coordinate Bench of this Court in Writ Petition No.8569/2015 had dismissed the writ petition vide order dated 04.11.2016 holding that the writ petition is not maintainable.

Accordingly, this writ petition is disposed of on the same terms as in the order dated 13.10.2016 passed in Writ Appeal No.709/2016 and order dated 04.11.2016 passed in Writ Petition No.8569/2015 (supra). The directions contained therein shall apply mutatis mutandis to this case with full force.

However, the petitioner is at liberty to approach the Magistrate concerned under the provisions of Code of Criminal Procedure or to resort to other remedy as available under the Cr.P.C.

Needless to say that this Court has not expressed any opinion on the merits of the case.

This writ petition fails and is hereby dismissed.