Madhya Pradesh High Court
Shivnath Kori vs Aarti on 9 April, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:28200
1 WP-38555-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE B. P. SHARMA
ON THE 9 th OF APRIL, 2026
WRIT PETITION No. 38555 of 2025
SHIVNATH KORI
Versus
AARTI AND OTHERS
Appearance:
Shri Balkrishna Chansoriya - Advocate for the petitioner.
Shri Manish Datt - Senior Advocate assisted by Shri Eshaan Datt -
Advocate for the respondents No.1 to 8.
Shri Manish Mukhraiya - Panel Lawyer for the State.
ORDER
By way of present petition, petitioner seeks the following reliefs:-
“(i) Issue an appropriate writ, order or direction in the nature of
Mandamus, commanding the Respondent authorities Respondent
no.9 to 14, including the Director General of Police, Bhopal,
Madhya Pradesh, to take immediate and effective steps to serve the
non-bailable warrants upon Respondent Nos.1 to 8 and to secure
their presence before the learned Trial Court within such time as
may be fixed by this Hon’ble Court.
(ii) Direct strict compliance with the successive judicial orders
dated 18/12/2024, 21/01/2025, 08/02/2025, 07/03/2025,
02/04/2025, 29/04/2025, 05/06/2025, 09/06/2025, 09/07/2025,
06/08/2025, 03/09/2025, and 09/09/2025, which have not been duly
executed by the concerned authorities.
(iii) Award appropriate monetary compensation to the Petitioner
for the undue harassment, delay, and prejudice suffered on account
of repeated non-compliance and inaction by the concerned policeSignature Not Verified
Signed by: ASHISH KUMAR
JAIN
Signing time: 4/28/2026
11:20:31 AM
NEUTRAL CITATION NO. 2026:MPHC-JBP:28200
2 WP-38555-2025
machinery, as this Hon’ble Court may deem just, proper and
equitable in the circumstances of the case.
(iv) Be further pleased to issue suitable directions for fixing
accountability upon the erring officers responsible for non-
compliance of judicial orders, so as to uphold, the rule of law and
prevent recurrence of such lapses.
(v) Pass such other and further orders as may be considered fit and
proper in the interest of justice.”
2. Learned counsel for the petitioner submits that the
petitioner/complainant-Shivnath Kori filed a complaint before the JMFC,
Bhopal, against Aarti Gupta and her family members, alleging that they
acting in furtherance of a common intention falsely implicated him in Crime
No.133/2022 for offences under Sections 498-A, 323, 294, 506 IPC and
Sections 3 and 4 of the Dowry Prohibition Act. The petitioner had earlier
challenged the FIR under Section 482 CrPC, 1973 and co-ordinate Bench of
this Court quashed it qua petitioner-Shivnath Korivide order dated
27.02.2024 in M.Cr.C. No.39275/2023. Subsequently, the petitioner filed a
complaint before the JMFC, Bhopal and after recording statements, the
learned Magistrate by order dated 11.11.2024 took cognizance under
Sections 211 and 500 read with Section 34 IPC and issued summons. Despite
service of summons, the accused persons failed to appear, whereupon
warrants were issued against them. It is, therefore, prayed that the Trial Court
be directed to conduct the proceedings in the matter expeditiously.
4. Learned counsel appearing for respondents No.1 to 8 as well as
learned counsel for the State oppose the petition. It is submitted that although
FIR No.133/2022 and consequential proceedings were earlier quashed qua
Shivnath Kori by this Court vide order dated 27.02.2024 in M.Cr.C.
Signature Not Verified
Signed by: ASHISH KUMAR
JAIN
Signing time: 4/28/2026
11:20:31 AM
NEUTRAL CITATION NO. 2026:MPHC-JBP:28200
3 WP-38555-2025
No.39275/2023, the Hon’ble Supreme Court, in SLP (Crl.) No.16882/2025
vide order dated 02.02.2026 set aside that order. It is further submitted that
the petitioner is raising untenable grounds to delay criminal proceedings and
no interference is warranted. The petition is, therefore, liable to be dismissed.
5. Heard the arguments advanced by learned counsel for the parties
and perused the material available on record.
6 . In the present case, the petitioner seeks directions for execution of
non-bailable warrants and securing the presence of respondents in RCT
No.12414/2024, along with other consequential reliefs.
7 . In view of the findings recorded by the Hon’ble Supreme Court in
its order dated 02.02.2026 passed in SLP (Crl.) No.16882 of 2025 ( Aarti
Gupta vs. State of Madhya Pradesh & Ors.) and in continuation thereof,
connected petition i.e. M.Cr.C. No.45586/2025 has been allowed by this
Court vide order dated 09.04.2026, whereby the proceedings arising out of
RCT No.12414/2024 dated 11.11.2024 have been quashed and set aside
against the petitioners.
8. Since the present petition arises out of the same proceedings i.e.
RCT No.12414/2024, no further adjudication survives in the matter.
Accordingly, the present petition stands dismissed.
(B. P. SHARMA)
JUDGE
@shish
Signature Not Verified
Signed by: ASHISH KUMAR
JAIN
Signing time: 4/28/2026
11:20:31 AM
