1 ANNEXURE-C High Court of Madhya Pradesh, Jabalpur Bench at Indore, Indore CONTINUATION ORDER SHEET [CASE NUMBER] ([ENTITY] s/o Parmanand minor through [PRECEDENT], Dated 30.07.2018 Shri [ENTITY], learned counsel for the petitioner. Heard on the question of admission. ORDER
By this writ petition under [SECTION] of the [ACT], the petitioner is praying for the fol lowing relief: -
"7. RELIEF SOUGHT:
1. That, this Hon'ble Court may kindly be pleased to allow the petition by issuing appro priate writ / order / direction to the respon dent No.1 to duly constitute a Special Investi gation Team (SIT) head by a Senior Officer of the State Government to inquire into and probe into the matter ensuring the fixation of the liability of the respondents either jointly or severally.
2. That, this Hon'ble Court may please to direct the Respondents to compensate the peti tioner jointly or severally.
3. That, this Hon'ble Court may further pleased to grant any other relief, as it deems fit in present facts and circumstances."
2. Learned counsel for the petitioner has drawn our attention to Medico Legal Case (MLC) Report (Annex ure P/1), Paper Report (Annexure P/2) and complaint / representation made to the Collector, Khargone (MP) (Annexure P/3) and submitted that no First Information Report has been registered; now, the investigation is complete, and therefore, respondent No.1 be directed to constitute a Special Investigation Team headed by a Senior Officer of the State Govern ment to inquire / probe into the matter, ensuring fixa tion of liability of the respondents either jointly or sev erally.
3. The law on the subject is well settled by the Apex Court in the case of [PRECEDENT]. The Apex Court in the case of [PRECEDENT] has held that if a person has a grievance that his FIR has not been registered by the Police, or having been registered, proper investigation is not being done, then the remedy of the aggrieved person is not to go to the High Court under [SECTION] of the [ACT], but to approach the Mag istrate concerned under [SECTION] of the [ACT]. If such an application un der [SECTION] of the [ACT] is made and the Magistrate is prima facie, satis fied, he can direct the FIR to be registered, or if it has already been registered, he can direct proper investiga tion to be done which includes in his discretion, if he deems it necessary, recommending change of the in vestigating officer, so that a proper investigation is done in the matter.
4. In respect of grant of compensation, he has drawn our attention to paragraph No.31 of the law laid down by the Apex Court in the case of [PRECEDENT].
5. In the present case, no charge sheet has been filed and nothing has been proved about the incident, which has been narrated in the writ petition, and therefore, at this stage, we cannot consider the prayer for grant of compensation in favour of the writ petitioner.
6. The decision cited by the learned counsel for the petitioner is distinguishable on facts.
7. [CASE NUMBER] has no merit and is accordingly dismissed.
([ENTITY]) Judge Pithawe RC Date: 2018.08.02 15:20:21 +05'30'