Madhya Pradesh High Court
Prashant Kaurav vs The State Of Madhya Pradesh on 25 August, 2021
Author: Vishal Mishra
1 MCRC-20342-2021
The High Court Of Madhya Pradesh
MCRC-20342-2021
(PRASHANT KAURAV AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)
4
Gwalior, Dated : 25-08-2021
Shri Vijay Dutt Sharma, learned counsel for the petitioners.
Shri Dheeraj Budholiya, learned Panel Lawyer for the respondent/State.
Issue notice to the respondent no.2 on payment of process fee by
RAD mode within seven working days.
Heard on the question of interim relief.
It is fairly submitted by the counsel for the petitioners that the petitioner
no.1-Prashant Kaurav has surrendered on 16.6.2021. A prayer for interim
relief is being made on behalf of the respondent no.2 to 5.
It is pointed out that on earlier occasion the writ petition was
preferred by the complainant being W.P.No.5151/2021 (Ashok Singh Kaurav
Vs. Superintendent of Police, Bhind and another) which was finally heard
and decided by this Court on 17.3.2021 making certain observations to the
following effect:
"In view of the fact that the petitioner has made wild allegations
against the Judicial Officer, against Superintendent of Police, Bhind,
against the Investigating Officer as well as against various private
persons without impleading them as party to the writ petition, therefore,
the petition is liable to be dismissed on this ground. Further, the entire
writ petition is based on the allegations which according to the petitioner
himself are merely hearsay allegations.
Under these circumstances, this Court is of the considered
opinion that no case is made out by the petitioner for transferring the
investigation to any independent agency. Since the statement of the niece
of the petitioner under Section 164 of CrPC has already been recorded,
therefore, there is no need to direct for production of niece of the
petitioner once again before the Court of JMFC for the purpose of
2 MCRC-20342-2021
recording of her statement under Section 164 of Cr.P.C.
Since this petition has been filed on wild allegations made against
the responsible authorities including the Judicial Officer, this Court is of
the considered opinion that a heavy cost is liable to be imposed on the
petitioner.
Accordingly, this petition is dismissed with a cost of Rs.50,000/-
(Rupees Fifty Thousand) to be deposited by the petitioner in the
Registry of this Court within a period of 45 days from today failing
which the petitioner shall be liable for his prosecution for Contempt of
Court. If the cost is not deposited within a period of 45 days, then the
Principal Registrar of this Court is directed to suo motu register
contempt proceedings against the petitioner."
It is pointed out that initially statement of the victim was recorded on
22.2.2021, wherein nothing has been stated against the petitioners no.2 to 5.
Thereafter on 31.5.2021 another statement has been recorded, wherein she
has taken the name of the petitioners no.2 to 5. There is nothing on record
to show that immediately when her statement was recorded then why the
name of the petitioners no.2 to 5 has not been stated by her. Even the writ
petition has been dismissed with costs of Rs.50,000/- pointing out the fact
that vague and bald allegations made against the respondents authorities
including the Judicial Officers.
Taking into consideration the overall facts and circumstances of the
case and also the fact that the petitioner no.1 against whom the main
allegations are levelled is in custody, this Court deems it appropriate to direct
the respondents authorities not to take any coercive action against the
petitioners no.2 to 5 regarding their arrest and they are directed to cooperate
in the investigation as and when called by the authorities.
The Authorities are directed to proceed against petitioners no.2 to 5
considering the judgment passed in the case of Arnesh Kumar Vs. State
of Bihar, (2014) 8 SCC 273.
3 MCRC-20342-2021
In case of any non-cooperation, the interim order passed today stand
vacated automatically.
E-copy/Certified copy as per rules/directions.
(VISHAL MISHRA)
JUDGE
Pawar
ASHISH
PAWAR
2021.08.26
13:59:14
+05'30'
