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2023 DIGILAW 334 (MP)

Veer Singh Jatav v. State of Madhya Pradesh

2023-03-02

GURPAL SINGH AHLUWALIA

body2023
JUDGMENT Gurpal Singh Ahluwalia, J. - This petition under Article 226 of the Constitution of India has been filed seeking following reliefs:- 2. It is therefore, most humbly prayed that the instant petition may kindly be allowed and a writ of mandamus and/or a suitable writ, order or direction in the nature of a writ be issued against the respondents and following reliefs may kindly be granted:- (i) The, respondent authorities may kindly be directed to take punitive action against the responsible officers in the interest of justice. (ii) That, to issue a direction to respondent No - 1 to 3 for providing the protection to the petitioner from the atrocities of the accused persons and his family members and appropriate orders may kindly be passed as enumerated in the case of Mahendra Chawla & Ors. vs. Union of India reported in (2019) 14 SCC 615 . (iii) That, respondent authorities may kindly be directed to arrest the accused persons of the aforementioned crime interest of justice. (iv) That, respondent authority may kindly be directed to change Investigation Officer of the case, so the entire investigation would be completed in fair and impartial manner. (v) That, the respondents be directed to implead Ganga Singh Bhadoriya, Aditya Singh Bhadoriya, Abhay Senger, Bade Chauhan, Kamal Singh Bhadoriya in the FIR bearing Crime No. 26/2023 (vi) That, the investigation pertaining to the crime no. 26/2023 registered at PS Bijoli Gwalior be transferred to the other district. (vii) That, the investigation of the present F.I.R. be handed over to the officer not below the rank of Additional SP. (viii) Any other relief which this Hon'ble Court deems fit in the facts and circumstances of the case same may kindly be granted to the petitioner." 3. It is submitted by the counsel for the petitioner was attacked on 12.02.2023 at about 8:00 p.m. and accordingly, he suffered gun shot injuries. The petitioner was admitted in the surgical ward of a hospital where he lodged a Dehati Nalsi and accordingly, the F.I.R. has been lodged in Crime No. 26/2023 at Police Station Bijoli, District Gwalior for offence under Sections 307, 341 of IPC. It is submitted that the police has not taken any action and has not even recorded the statement of the petitioner. It is submitted that the police has not taken any action and has not even recorded the statement of the petitioner. It is further submitted that the petitioner may be provided police protection as directed by the Supreme Court in the case of Mahendra Chawla & Ors. Vs. Union of India reported in (2019) 14 SCC 615 . 4. Per contra, the petition is opposed by counsel for the State. It is submitted that it is clear from the F.I.R. that the same was lodged on 13.02.2023 and thus, no reasonable time has elapsed so far and therefore, it cannot be said that there is any delay on the part of the Investigating Officer. 5. Heard counsel for the parties. 6. According to the petitioner he was attacked and had suffered gun shot injuries. The F.I.R. was lodged on 13.02.2023. 7. It is the contention of the counsel for the petitioner that even the statement of the petitioner under Section 161 of Cr.P.C. has not been recorded. 8. Accordingly, the Superintendent of Police, Gwalior is directed to personally monitor the investigation in the case and if required, shall issue necessary instructions to the Investigating Officer in the light of the provisions of Section 173(1) of Cr.P.C. So far as the protection of the witness of the petitioner is concerned, the Superintendent of Police, Gwalior is directed to take action in the light of the Witness Protection Scheme formulated by the Supreme Court in the case of Mahendra Chawla (supra) as well as Witness Protection Scheme, 2018 formulated by the State of Madhya Pradesh. 9. With the aforesaid observations, the petition stands disposed of.