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Madhya Pradesh High Court · body

2015 DIGILAW 310 (MP)

Amar Sharma v. State of M. P.

2015-03-18

ROHIT ARYA

body2015
ORDER 1. By this writ petition under Article 226 of the Constitution of India the petitioner has approached this Court seeking indulgence in the matter of non-registration of FIR by the local police administration, despite number of complaints having been filed by him against his brother-in-law and his associates who according to the petitioner are hell - bent upon to frame number of criminal cases against him by misusing his position in the police department. Learned counsel refers to complaints Annexure P-20, P-21 and P-22. Having perused the petition and documents on record, it appears that though in the body of the petition serious allegations have been made against Smt Rita Sharma and her husband Mr. Rajesh Sharma (a Deputy Superintendent of M.P. Police) posted at Lokayukta Sangthan Gwalior, but neither of them have been arrayed as respondents. As such, this Court refrains from commenting upon such allegations. 2. It is however, submitted that despite several efforts made by petitioner before the police authorities to look into the complaint made by him, the police authorities are not taking any action for obvious reasons as Rajesh Sharma, is a part of same organization. Under such circumstances, petitioner feels constrained to seek indulgence of this Court in the matter of direction to respondents in the light of the judgment of Supreme Court in the case of the “Lalita Kumari v. Govt. of Uttar Pradesh and others [ (2014)2 SCC 1 ]. 3. The prayer appears to be reasonable. 4. Accordingly, this writ petition is disposed of with following directions :- 1. In the event, the petitioner presents certified copy of the order passed today before respondents No.2, 3, 4, along with pending representation and other relevant documents seeking redresssal of his grivance to protect his life, liberty and property, which according to him is in danger due to fabricated cases lodged against him by his brother-in-law, Deputy Superintendent of M.P. Police attached to Lok Ayukta Sangthan, Gwalior, the respondents No.2, 3 and 4 shall address upon petitioner's representation and complaints. After due consideration thereof, suitable action in the matter of investigation and registration of crime if any, in accordance with law, shall be processed. Respondents No. 2, 3 and 4 shall ensure fair and impartial enquiry/investigation. 2. After due consideration thereof, suitable action in the matter of investigation and registration of crime if any, in accordance with law, shall be processed. Respondents No. 2, 3 and 4 shall ensure fair and impartial enquiry/investigation. 2. Respondents shall bear in mind that allegations have been made against the Deputy Superintendent of Police attached to Lok Ayukta Sangthan, Gwalior with the fear of danger to life, liberty and property. Respondents No.2, 3 and 4 shall prove their ability and accountability towards the public in the matter of discharge of statutory duty. 3. This Court hopes and trusts that respondents No.2, 3 and 4 shall rise to the occasion and prove themselves to the level of confidence and trust reposed by people at large towards police administration. 4. They shall endeavour to dispel the fear in the mind of the public that there is no one to police the police man. With the aforesaid observations, this writ petition stand disposed of.