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2025 DIGILAW 31 (MP)

Kailash Dhakad v. State of Madhya Pradesh

2025-01-15

SUBODH ABHYANKAR

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ORDER : 1. This petition has been filed by the petitioner under Article 226 of the Constitution of India, seeking the following reliefs:- “In views of the submissions made above the petitioners pray for the following relief:- 1. That respondent no 1 to 5 may kindly be directed to conduct proper enquiry and investigation on the complaints and representations made by the petitioner. 2. That, concerning respondents may kindly be directed to register an offence against the Sarpanch Manjubai and her son Vishal Kumar for the misappropriation of the public money. 3. That, any other relief that this Hon’ble Court may deem fit. 4. That, the cost of this petition may also kindly be awarded.” 2. The case of the petitioner is that he happens to be the husband of Kanyabai, who is the Deputy Sarpanch of Gram Panchayat Thadod, whereas, the respondent No.6 Manjubai has taken charge of the Sarpanch of the said Gram Panchayat. It is alleged against Manjubai that she has fabricated certain fake bills in connivance of her supporters and son Vishal Kumar and got government money to the tune of Rs.4 lakh transferred in the account of her son Vishal, on the pretext of development of village and towards purchase of tube-well motor, garbage collection truck etc. The grievance of the petitioner is that in respect of the aforesaid illegalities and fraud committed by the respondent No.5, he has also lodged various complaints to the Police and the other authorities of the State, including the Chief-Executive Officer and the Collector, Neemuch, but no action has been taken by the respondents/State. Thus, the aforesaid reliefs have been sought in this petition. 3. Counsel for the respondent/State, on the other hand, has opposed the prayer and it is submitted that no case for interference is made out, as the petitioner is apparently having a political rivalry with the respondent No.6 and thus, the petition appears motivated. 4. Heard counsel for the parties and perused the record. 5. From the record, it is apparent that the petitioner happens to be the husband of the Deputy Sarpanch of Gram Panchayat, and has grievance against Manjubai, who happens to be the Sarpanch of Gram Panchayat Thadod and also against her son Vishal, and in such circumstances, the lodging of the complaint by the petitioner against the private respondent to settle his personal scores cannot be ruled out. 6. 6. This Court, time and again has held that the extra-ordinary powers vested in this Court under Article 226 of the Constitution of India cannot and should not be resorted to in a casual manner, in every such case where some representation/complaint is filed in the police station seeking an innocuous relief to decide the representation, and it is only when a prima facie case for interference is made out, that a writ/direction can be issued. This is for the reasons that if such orders are passed by this Court only on the asking of a person/petitioner, the possibility of its misuse cannot be ruled out, because it is often seen that no sooner an order is passed by this court directing the respondent to look into the complaint of the petitioner, the FIR is lodged against the accused person/s, to their utter prejudice, who might be innocent, but are proceeded against owing to the order passed by this Court; which, in the considered opinion of this court is also not the import of the decision rendered by the Supreme Court in the case of Lalita Lalita Kumari Vs. State of Uttar Pradesh and Others , (2014) 2 SCC 1. 7. In view of the same, this Court does not find it to be a fit case to exercise its extra-ordinary jurisdiction even to direct the respondents to decide the petitioner’s representation. 8. Accordingly, the petition being devoid of merits is hereby dismissed. However, with liberty reserved to the petitioner to take recourse of the remedies available to him under law. 9. It is made clear that this Court has not reflected upon the merits of the case. 10. Petition stands dismissed and disposed of.