Akash Srivas vs State Of Madhya Pradesh And Others

Milind Ramesh Phadke, J

This M.Cr.C. under Section 528 of BNSS, 2023 (section 482 Cr.P.C.) is filed by the petitioner seeking following reliefs:

The respondent authorities may kindly be directed to conduct fair and impartial investigation in time bound manner into the Marg No. 00/2025, registered at Police Station Padav, District Gwalior (M.P.), in the interest of justice.

The respondent authorities may kindly be to take immediate action on the petitioner's written complaint dated 08.09.2025, in relation to Marg No. 00/2025, registered at Police Station Padav, District Gwalior (M.P.), concerning the suspicious death of the petitioner's Sister (Ruby Srivas).

In the considered opinion of this Court, since the petitioner has a remedy under Section 156(3) of Cr.P.C./Section 175(3) of Bharatiya Nagarik Suraksha Sanhita, 2023, no interference could be caused.

Furthermore, in view of the decisions rendered by the Hon'ble Apex Court in the matters of Aleque Padamsee v. Union of India reported in (2007) 6 SCC 171, Sakiri Vasu v. State of Uttar Pradesh reported in (2008) 2 SCC 409, Divine Retreat Centre v. State of Kerala reported in (2008) 3 SCC 542; Kunga Nima Lepcha v. State of Sikkim reported in AIR 2010 SC 1671 and Sudhir Bhaskarrao Tambe vs Hemant Yashwant Dhage reported in (2016) 6 SCC 277, the petitioner can move appropriate forum in accordance with law for redressal of her grievance. No such direction in a writ petition can be given.

In view whereof, since the petitioner has a forum under the provisions of Section 156(3) of Cr.P.C./ Section 175(3) of Bharatiya Nagarik Suraksha Sanhita, 2023, this Court refrains from issuing the directions as sought.

Petition is disposed of finally in above terms.