Raghunath Singh vs The State Of Madhya Pradesh Thr.
2021 Latest Caselaw 4163 MP

Citation : 2021 Latest Caselaw 4163 MP
Judgement Date : 11 August, 2021

Madhya Pradesh High Court

Raghunath Singh vs The State Of Madhya Pradesh Thr. on 11 August, 2021

Author: Sushrut Arvind Dharmadhikari

          HIGH COURT OF MADHYA PRADESH,
                BENCH AT GWALIOR

                 M.Cr.C. No. 10543/2015
     ( Raghunath Singh Vs The State of M.P. & others)
                                     (1)

Gwalior, dated : 11/08/2021
      No one appears for the petitioner.

        Shri P.P.S. Vajeeta, learned Public Prosecutor for                   the

respondents-State.

Shri Praveen Newaskar, learned Assistant Solicitor General for

the respondent No.2.

The matter was listed on 12/03/2021. Counsel for the

petitioner was directed to seek instruction in the matter as to whether

relief prayed by the petitioner has been rendered infructuous or not.

On 26/07/2021, no one appeared for the petitioner. Today, also no

one appeared for the petitioner.

In this petition under Section 482 of the Cr.P.C, petitioner has

prayed for following relief :-

^^12-1 ;g fd] iqfyl Fkkuk dEiw ftyk Xokfy;j ds vijk/k dz-a 160&[email protected] dh QnZj baosfLVxs'ku ekuuh; U;k;ky; viuh lqijfotu esa iw.kZ djk;saA ;k 12-2 ;g fd] Xokfy;j lEHkkx ds vkbZ-th- dks funsZf'kr fd;k tkos fd os vius lqijfotu esa mDr ekeys dh QnZj baosfLVxs'ku ,d le; lhek esa iw.kZ djk;saA vFkok 12-3 ;g fd] lh- vkbZ-Mh- ;k lh-ch-vkbZ dks vknsf'kr fd;k tkos fd os iqfyl Fkkuk dEiw ftyk Xokfy;j ds vijk/k dza-

160&[email protected] dh QnZj baosfLVxs'ku ,d le; vof/k eas iw.kZ djk;saA 12-4 ;g fd] U;k;fgr esa tks mfpr ,oa vko';d gks vkns'[email protected]'k tkjh fd;s tkosaA^^

In compliance of the order dated 17/06/2021, Shri Awadesh

Singh Bhadoriya, learned counsel for the petitioner has filed the

affidavit sworn on 30/06/2021 in which it is stated that he has

personal knowledge to the effect that no progress has been made in HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR

M.Cr.C. No. 10543/2015 ( Raghunath Singh Vs The State of M.P. & others)

the investigation and the matter is pending as it is.

At this stage, counsel for respondent No.2 submits that for the

same relief, petitioner had filed WP No. 8680/2012 before this Court.

In the aforesaid writ petition following prayer was made...

^^ 7-1 ;g fd] izR;kFkhZ dzekad dks vknsf'kr fd;k tkos fd iqfyl Fkkuk dEiw] ftyk Xokfy;j ds vijk/k dzekad 160] [email protected] dh foospuk izR;kFkhZ dzekad 2 vFkok izR;kFkhZ dzekad 3 ls djk;saA vFkok ;g fd] izR;kFkhZ dzekad 2 vFkok 3 dks vknsf'kr fd;k tkos fd os iqfyl Fkkuk dEiw ftyk Xokfy;j ds vijk/k dzekad 160][email protected] dh fof/kiw.kZ foospuk djsaA 7-2 ;g fd] U;k;fgr esa ekuuh; U;k;ky; ftl Lrj ds vf/kdkjh vFkok laLFkk ds ek/;e ls ekeys dh [email protected] djk;k tkuk mfpr le>s ml Lrj ds vf/kdkjh vFkok laLFkk ls ekeys dh foospuk djk;saA 7-3 ;g fd] U;k;fgr esa tks mfpr gks vkns'k&funsZ'k tkjh fd;s tkosaA^^ The aforesaid writ petition was finally disposed of vide order

dated 25/07/2013 which is reproduced as under :-

"Heard.

The petitioner prayed a relief in this petition that a CID enquiry or CBI enquiry be ordered in regard to murder of two persons. It is pleaded that the brother of the petitioner was injured in a motorcycle accident. He was admitted at Jaya Rogya Hospital, Gwalior where some persons fired at him and he was killed and one another person was also killed in the incident. FIR of the murder was also lodged at the police Station Kampoo, District Gwalior and the police registered the offence vide Crime No. 160/91 and 161/91 under Section 302/34 IPC. Subsequently, the police submitted FR in the case and it was accepted by the Court on 23/09/1994. The petitioner pleaded that he came to know about the aforesaid fact on 15/09/2012 when he received the information under Right to Information Act.

The counsel for the petitioner has submitted that there is no limitation in regard to investigation of commission of offence. The offence was serious in nature and police deliberately did not investigate the crime properly, hence, a direction be issued for investigation by CBI or CID. In support of his contention, learned counsel HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR

M.Cr.C. No. 10543/2015 ( Raghunath Singh Vs The State of M.P. & others)

relied on the following judgments:-

(i) Vinay Tyagi Vs Irshad Ali @ Deepak & Ors. -2013 Cr.L.R.(SC) 337.

(ii) Bhagwant Singh Vs Commissioner of Police and another - 1985 SCC (cri) 267

(iii) Udai Shankar Awasthi Vs State of U.P and another - (2013) 2 SCC (Cri)708 In the present case, the FR was accepted by the Court on 23/09/1994. As per the petitioner, he received the information about the said fact in the year 2012. When he sought information under Right to Information Act. However, the fact remains that the brother of the petitioner and another person were killed in the year 1991. The petitioner had knowledge about the killing. He had not taken any step for a period of near about 20 years. Now after a period of about 20 years, this petition has been filed.

Looking to the long delay in the filing this petition, in my opinion, no direction can be issued by this Court in the matter. The arguments of the learned counsel for the petitioner that delay can not be a ground for investigation of crime could not be accepted because in the present case, the investigation was conducted and thereafter police filed the FR which was accepted by the Court. Hence, the present case is on different footing.