Madhya Pradesh High Court
Dharmendra Kumar Dixit vs The State Of Madhya Pradesh on 1 February, 2022
Author: Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 1st OF FEBRUARY, 2022
WRIT PETITION No. 2278 of 2022
Between:-
DHARMENDRA KUMAR DIXIT S/O SHRI
KRIPAL DIXIT, AGED ABOUT 43 YEARS,
OCCUPATION: TEACHER IN M .S. SHUKLANA
CHHATARPUR R/O VILLAGE NARSINGHGARH
PURWA CHHATARPUR P.S. VANSHIYA
DISTRICT CHHATARPUR (M.P) (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI PRAMOD SINGH TOMAR, ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE SECRETARY HOME DEPARTMENT
VALLABH BHAWAN BHOPAL (M.P) (MADHYA
PRADESH)
2. DIRECTOR GENERAL OF POLICE POLICE
HEAD QUARTER BHOPAL (MADHYA
PRADESH)
3. SUPERINTENDENT OF POLICE SAGAR
D I S TR I CT CHHATARPUR (M.P) (MADHYA
PRADESH)
4. STATION HOUSE OFFICER POLICE STATION
VAN S HIYA DISTRICT CHHATARPUR (M.P)
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI TAPAN BATHRE, PANEL LAWYER )
(Heard through Video Conferencing)
ORDER
This petition has been filed seeking following relief:-
7.1 This Hon'ble Court may kindly be looking to the facts and
circumstances of the case and specifically principles laid down by the
Division Bench of this Hon'ble Court in case of Jitendra Singh
Narwariya Vs. State of M.P. & others reported in 2017 (2)
MPWN SN 91, in which Division Bench of this Hon'ble Court has
Signature Not Verified
SAN
Digitally signed by TAJAMMUL HUSSAIN
KHAN
Date: 2022.02.05 12:11:06 IST
directed to the Investigation Authority to allow accused to submit all
such information which may assist to arrive at the truth (2016) 3 SCC
135 followed, to direct the respondents on the application submitted by
the petitioner (Annexure P-1) to take all the documents in investigation
Crime No.63/2021 at Police Station Vanshiya, District Chhatarpur
(M.P.) for the offence punishable U/s 379 of IPC and pass the
necessary order on the application of the petitioner.
7.2 Looking to the facts and circumstances of the case, this
Hon'ble Court may kindly be pleased to direct the respondents till
decision of the application of the petitioner, no coercive steps have been
taken against the petitioner.
7.3 Any other relief which this Hon'ble Court deems fit and
proper may also be given to the petitioner, in the interest of justice.
It is submitted that the petitioner being one of the accused in the matter
has already been enlarged on bail. Criminal case was registered at Crime
No.63/2021 at Police Station Vanshiya, District Chhatarpur (M.P.) for
offence punishable under Section 379 of IPC. It is argued that the applicant
has submitted several documents before the Police Authorities pointing out
his innocence. The aforesaid documents were duly received by the Police
Authorities, but no action has been taken on those documents and he is in
apprehension that the aforesaid documents will not be used by the Police
Authorities while filing the charge-sheet. It is submitted that the accused is
having a right to fair trial and in similar circumstances the Division Bench of
this Court in the case of Jitendra Singh Narwariya Vs. State of M.P. &
others reported in 2017 (2) MPWN 91 has directed the authorities to
consider all the relevant material which have been produced by the accused
so that the Police Authorities may arrive at a actual truth. They have further
placed reliance upon the judgment passed by the Supreme Court in the case
o f Pooja Pal Vs. Union of India and others reported in (2016) 3 SCC
135; wherein, the object and scope of free, fair and proper investigation has
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SAN
Digitally signed by TAJAMMUL HUSSAIN
KHAN
Date: 2022.02.05 12:11:06 IST
been explained. It is argued that in similar circumstances several petitions
have been disposed of by this Court. He prays that similar relief to be
extended to the petitioner.
Per contra, State counsel has vehemently opposed the application
stating that investigation is still pending as per the petitioner himself. The
documents which are being supplied by the petitioner were duly received by
the Police Authorities. Charge-sheet is yet to be filed in the matter. The
petitioner is only apprehending that the documents, which have been
produced will not be made a part of the charge-sheet and will not be
considered by the authorities in the investigation. Merely on apprehension
mandamus cannot be issued. Something more should be pointed out by the
petitioner to get the mandamus issued against the Police Authorities. It is not
a case of the petitioner that the Police Authorities have refused to except the
documents, which have been filed by the petitioner. The documents
themselves shows that the same has been received by the Police Authorities
for which the acknowledgement has also been given to the petitioner. In such
circumstances, no case for issuance of mandamus is made out pending
investigation.
Heard the learned counsels for the parties and perused the records.
From the perusal of the records, it is seen that a criminal case has been
registered against the petitioner for the offence punishable under Section 379
of IPC under Crime No.63/2021 registered at Police Station Vanshiya,
District Chhatarpur (M.P.). The petitioner in support of his case has filed
certain documents with the Police Authorities which were duly received on
22.01.2022 and 22.08.2021. Investigation is still pending in the matter. The
petitioner is only apprehending that the Police Authorities will not take the
aforesaid documents in their investigation. The right to free and fair trial is
available to the petitioner as has been observed by the Supreme Court in the
case of Pooja Pal (supra). It is not disputed that the accused is having a right
to free and fair trial, but the fact remains that for issuance of a mandamus
Signature Not Verified
SAN
Digitally signed by TAJAMMUL HUSSAIN
KHAN
Date: 2022.02.05 12:11:06 IST
only apprehension is not enough. Petitioner is required to point out something
more that whether the Police Authorities are not taking any action or not
considering the documents which have been filed or have never accepted the
documents, which are in favour of the accused in the investigation. It is not
the case of the petitioner, the documents are duly accepted by the Police
Authorities and the acknowledge is also been given to the present petition.
In such circumstances, no case for issuance of mandamus to the
Police Authorities is made out; however, looking to the judgment passed by
the Supreme Court in the case of Pooja Pal (supra) and considering the right
of the accused that he is having a right of free, fair and proper investigation it
is expected that the Police Authorities will take into consideration all the
relevant documents, which are being filed by the petitioner, who is one of the
accused in the matter prior to filing of the charge-sheet before the competent
Court.
With the aforesaid observations, the petition stands disposed of.
(VISHAL MISHRA)
JUDGE
taj
Signature Not Verified
SAN
Digitally signed by TAJAMMUL HUSSAIN
KHAN
Date: 2022.02.05 12:11:06 IST
