High CourtsSingle Bench(2022) 11 MP CK 0043

Nazma Bano vs State Of Madhya Pradesh And Others

Madhya Pradesh High Court · Decided on 9 November 2022

HON’BLE JUDGES
Sushrut Arvind Dharmadhikari, J
RESULT
Dismissed
CASE NUMBER
Writ Petition No. 25373 Of 2022

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Judgment

6 paragraphs · 227 words

Sushrut Arvind Dharmadhikari, J

This petition coming on for admission this day, the court passed the following:

In this petition filed under Article 226 of the Constitution of India, the petitioner is aggrieved by the inaction of the respondents/authorities in not registering FIR against the respondent No.4, who is blackmailing the petitioner with the view to extract money from her.

Per contra, learned Government Advocate for the State opposed the prayer and submitted that no such direction can be issued to the investigating authority to arrest the accused persons and to make fair investigation. If no action is being taken by the Police Authorities to arrest the accused persons, the petitioner is having alternative efficacious remedy of filing an application under Section 156(3) of the Cr.P.C. as has been held in the case of Shweta Bhadoriya Vs. State of M.P. & others (2017 (1) MPLJ (Cri) 338). As such, this petition is misconceived and the same is liable to be dismissed.

At this stage, learned counsel for the petitioner seeks leave of this Court to withdraw the writ petition filed under Article 226 of the Constitution of India with liberty to file an application under Section 156(3) of the Cr.P.C. before the Magistrate in the light of the judgment in the case of Shweta Bhadoriya (supra).

Accordingly, writ petition stands dismissed as withdrawn with the aforesaid liberty.