Shafik Ansari vs The State Of Madhya Pradesh
2021 Latest Caselaw 3979 MP

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         THE HIGH COURT OF MADHYA PRADESH
                  BENCH AT INDORE
                   W.P.No.14041/2021
             (Shafik Ansari V/s State of M.P.)
Indore, dated:05/08/2021
         Shri Bharat Sharma, learned counsel for the Petitioner.
         Shri Sanjay Kumar Karanjawala, learned Government
Advocate for the respondent/State.
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The petitioner has filed the present petition seeking fair investigation in the case registered against him vide crime No.113/2021 registered at Police Station-Sarangpur, District Rajgarh for the offence punishable under Section 376, 342, 506, 353, 341, 212 of Indian Penal Code.

(2). According to the petitioner, he is ex - corporator of Sarangpur, District Rajgarh. The prosecutrix has lodged FIR against him on the basis of false allegation. According to her, this petitioner is said to have committed rape upon her on 04.03.2021 but on the said date he was in city palace hotel, Bhopal. According to him, the same prosecutrix submitted a written complainant to D.I.G., Bhopal on 10.01.2021 leveling different type of allegations which is just contrary to the allegations made in the FIR. The petitioner is also relying on the telephonic conversation made between prosecutrix and his friend Hafiz Ali. According to the petitioner, the police is not considering all these materials/evidence in the investigation, which can establish the innocence of this petitioner. Hence, he has approached before this Court.

(3). Learned counsel for the petitioner has placed reliance over the judgment passed by this Court in the case of Jitendra Singh Vs. State reported in 2017 (II) MPWN 91, in which this court has held that the accused has right of fair trail and the material produced by him before police are liable to be considered during investigation. However, the counsel fairly

admitted that the anticipatory bail application filed by the petitioner has been dismissed by the Sessions Court and now he is going to file bail application before this Court. (4). Learned Government Advocate opposes the aforesaid prayer by submitting that any observation made by this Court in this petition would prejudice or affect the bail application which is going to be filed.

I have heard learned counsel for the parties and perused the record.

(5). It is correct that every accused has right to fair investigation and if some clinching material is produced by the accused to show that he has falsely been implicated in the case, same cannot be ignored. Para 4, 6 and 7 are reproduced below of the above Division Bench decision;-

"4. However, before parting this Court would like to observe that the investigating agency should not feel diffident or shy of allowing the accused to furnish or disclose material or information which may help the investigation to discover the truth which is the prime object behind every process of investigation of crime. The Criminal Procedure Code or even the M.P. Police Manual do not restrict or prohibit the investigating agency from accepting relevant material or information during the process of investigation.

6. Thus investigating agency should seek to discover material/ information from all quarters for conducting free and fair investigation to arrive at the truth.

7. The investigating agency should not forget that crime investigation is a probe in the dark moving from known to unknown backward in time, conducted to achieve the sole object of arriving at the truth. In this process the investigating agency should be receptive to all possible sources of material / information which may assist the agency to conclude the investigation properly. One of the sources can also be the accused."

(6). The petitioner is directed to submit a detailed representation to the Superintendent of Police, Rajgarh alongwith some material. If such material is produced before the Superintendent of Police, Rajgarh then he shall consider the same in accordance with law.

With the above directions, the writ petition stands disposed of. No costs.

C.C. as per rules.

(VIVEK RUSIA) JUDGE

Digitally signed by PRAVEEN NAYAK Date: 2021.08.07 11:52:40 +05'30'