Smt. Halki Bai Vs. the State of Madhya Pradesh - Court Judgment

SooperKanoon Citationsooperkanoon.com/1048455
CourtMadhya Pradesh High Court
Decided OnDec-21-2012
AppellantSmt. Halki Bai
RespondentThe State of Madhya Pradesh
Excerpt:
w.p.no.21139 / 2012 (smt. halki bai & others ..vs..state of m.p.& others.21-12-2012 heard shri sunil jain, learned counsel for the petitioners on the question of admission. the petitioners have filed this petition praying for a direction to initiate criminal proceedings against the respondents no.4 to 7. it is stated by the learned counsel for the petitioners that in spite of directions of this court no criminal proceedings against them have been initiated by the police authorities and, therefore, the aforesaid direction is sought for by the petitioners in the present petition. from a perusal of the record it is clear that the previous petition filed by the petitioners.i.e.w.p.no.21335/2012 was disposed of by this court on 28-11-2011 by giving liberty to the petitioners to take recours.of law in respect of the alleged forgery committed by the respondents no.4 to 7, but there was no direction to initiate any criminal proceedings against them. it is stated by the learned counsel for the petitioners that pursuant to the aforesaid direction, the petitioners have already lodged a complaint before the police authorities in spite of which no steps have been taken by them. in view of the decision of the supreme court in the cases of sakiri vasu v. state of uttar pradesh and others.(2008) 2 scc 40.and divine retreat centre v. state of kerala and others.(2008) 3 scc 54.the appropriate remedy available to the petitioners is to take up appropriate proceedings under the provisions of the code of criminal procedure as specified therein. in the circumstances, the petition filed by the petitioner is disposed of with liberty to the petitioners to take up appropriate proceedings under the provisions of the code of criminal procedure, as has been held by the supreme court in the aforesaid cases. with the aforesaid liberty, the petition filed by the petitioners stands disposed of accordingly. c.cs. as per rules. ( r.s.jha ) judge mct
Judgment:

W.P.No.21139 / 2012 (Smt.

Halki Bai & others ..Vs..State of M.P.& otheRs.21-12-2012 Heard Shri Sunil Jain, learned counsel for the petitioners on the question of admission.

The petitioners have filed this petition praying for a direction to initiate criminal proceedings against the respondents No.4 to 7.

It is stated by the learned counsel for the petitioners that in spite of directions of this Court no criminal proceedings against them have been initiated by the police authorities and, therefore, the aforesaid direction is sought for by the petitioners in the present petition.

From a perusal of the record it is clear that the previous petition filed by the petitioneRs.i.e.W.P.No.21335/2012 was disposed of by this Court on 28-11-2011 by giving liberty to the petitioners to take recouRs.of law in respect of the alleged forgery committed by the respondents No.4 to 7, but there was no direction to initiate any criminal proceedings against them.

It is stated by the learned counsel for the petitioners that pursuant to the aforesaid direction, the petitioners have already lodged a complaint before the police authorities in spite of which no steps have been taken by them.

In view of the decision of the Supreme Court in the cases of Sakiri Vasu v.

State of Uttar Pradesh and otheRs.(2008) 2 SCC 40.and Divine Retreat Centre v.

State of Kerala and otheRs.(2008) 3 SCC 54.the appropriate remedy available to the petitioners is to take up appropriate proceedings under the provisions of the Code of Criminal procedure as specified therein.

In the circumstances, the petition filed by the petitioner is disposed of with liberty to the petitioners to take up appropriate proceedings under the provisions of the Code of Criminal Procedure, as has been held by the Supreme Court in the aforesaid cases.

With the aforesaid liberty, the petition filed by the petitioners stands disposed of accordingly.

C.Cs.

as per rules.

( R.S.Jha ) Judge mct