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Madhya Pradesh High Court · body

2011 DIGILAW 456 (MP)

Ghurki Bai v. State of M. P.

2011-04-18

ALOK ARADHE

body2011
ORDER l. Heard. 2. In this writ petition under Article 226 of the Constitution of India, the petitioner seeks a direction to respondents No.1 to 5 to take action against respondent No.6. 3. The grievance of the petitioner is that respondent No.6 has got executed a sale deed from the petitioner in-respect of the land owned by her by playing fraud with her. Though, the petitioner has submitted complaints to respondents No.3 to 5, yet till today, no action has been taken. 4. Learned counsel for the petitioner submits that respondent No.3 be directed to take appropriate action on the complaint Annexure P/3 which has been submitted by the petitioner. On the other hand, learned Government Advocate submits that the respondent No.3 namely the Superintendent of Police would take an action in terms of section 154 (3) of the Code of Criminal Procedure. 5. Section 154 (3) of the Code of Criminal Procedure, 1973 provides that any person aggrieved by a refusal on the part of an officer-in-charge of police/station to record the information, he may sent the substance of such information in writing and by post to the Superintendent of Police who on being satisfied that such information disclose the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him in the manner provided in the Code of Criminal Procedure. 6. In view of submissions made by learned counsel for the parties and in the facts and circumstances of the case, it is directed that in case the petitioner makes a complaint to the respondent No.3, Superintendent of Police, as provided under section 154 (3) of the Code of Criminal Procedure, the respondent No.3 shall take requisite action in accordance with law. It is, however, made clear that this Court has not expressed any opinion on the merits of the case. 7. With the aforesaid direction, the writ petition is disposed of.