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Judgment
Nandita Dubey, J
The petitioner has filed this petition seeking further investigation of Crime No.63/2019 of Police Station Themi, District Narsinghpur which has been registered under Sections 302, 307, 34, 201 of IPC and Section 25, 25AA, 27, 30 of the Arms Act.
It is stated that the investigation is biased, untransparent and as the principle accused conspirator of the crime, respondent No.6 Ramesh Kumar Vanshkar, the then SDM (Revenue) Gotegaon, District Narsinghpur and his associates has been left out from the periphery of the investigation. It is stated that this person has grudge against the younger brother of the petitioner, who had filed a complaint in the Lokayukt against Ramesh Kumar Vanshkar for demanding bribe. It is stated that on the basis of the complaint made by the younger brother (deceased) of the petitioner, the said SDM was trapped by Lokayukt; however, the challan has not been filed against him yet. It is submitted that he is an influential person and is able to keep himself outside the periphery, hence it is prayed that the Court may direct further investigation in the matter.
Learned Panel Lawyer for the respondent/State has opposed to the said prayer. It is submitted that the petitioner may file an application under Section 156 (3) or a private complaint as provided under the provisions of the Code of Criminal Procedure. He has relied on the judgment passed in the case of Sudhir Bhaskar Rao Tambe vs. Hemant Yashwant Dhage and others (2016) 6 SCC 277.
Since the matter is pending before the Trial Court and sessions trial is going on, the petitioner, if advised, may file an application before the concerned Court in this regard and the Court, in turn, may decide the same as per law.
With the aforesaid observation, this petition stands disposed of.
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