Girraj Kishor Shakyawar vs The State Of M.P.
2022 Latest Caselaw 7736 MP

               IN THE HIGH COURT OF MADHYA PRADESH
                                      AT GWALIOR
                                          BEFORE

                      HON'BLE SHRI JUSTICE ANAND PATHAK

                                 ON THE 14th JUNE, 2022

                      CRIMINAL APPEAL No. 4388 of 2021

       Between:-

       GIRRAJ KISHORE SHAKYAWAR S/O LATE SHRI
       CHHOTE LAL, AGED ABOUT 44 YEARS,
       OCCUPATION -UNEMPLOYED/EX AKUSHAL
       SHRAMIK GOVT KRG SWASHASI COLLEGE
       GWALIOR R/O MAKAN NO.56 GALI NO.2 SHIV
       NAGAR GHOSIPURA GWALIOR (MADHYA
       PRADESH)
                                                                         .....APPELLANT
       (NONE FOR THE APPELLANT)

       AND

       THE STATE OF MADHYA PRADESH,
       THROUGH     POLICE   STATION  KAMPOO
       DISTRICT GWALIOR (MADHYA PRADESH)

                                                                       .....RESPONDENT

       (BY SHRI B.M. SHRIVASTAVA -PUBLIC PROSECUTOR)
-------------------------------------------------------------------------------------
       This application coming on for admission this day, the court passed the
following:
                                        ORDER

1. On last dated (13-06-2022) nobody appeared even in second round, therefore, matter was placed today for hearing. Today also, nobody appeared on behalf of appellant. Perusal of the order sheets indicates that many a times nobody appeared on behalf of appellant (more than around 9-10 times).

2. Shri Rinkesh Goyal, counsel who is present in the Courtroom and is in panel of Legal Aid Services is requested to assist the Court in this case. He and Shri Nirmal Sharma, counsels are directed to prepare the case and advance arguments in the second round at 2:30 pm At 2:30 pm:

3. Precisely stated facts of the case are that petitioner is working at Government K.R.G. Gwalior on the post of peon for last 20 years and is a member of Scheduled Caste community. On 03-09-2019 as per allegations some professors directed him to do some work which he denied and therefore, subjected to verbal abuse and caste aspersion. He made a complaint at Police Station, Kampoo District Gwalior and later on to Superintendent of Police, Gwalior but of no avail, therefore, as alleged he filed a complaint under Section 156(3) of Cr.P.C. on 24-01- 2020 in Special Court (Atrocities), Gwalior.

4. From the impugned order, it appears that enquiry report was requisitioned by the Court below from the Police Station, Kampoo and Station House Officer gave a report in which it was referred that earlier Principal of the said college given show cause notice dated 16-04-2018, 14-05-2018, 11-12-2019 and 08-08-2019 and warning to improve but he did not improve his working, therefore, as a retaliatory measure he filed this complaint. No such incident happened as per eye-witnesses present on the spot.

5. Shri Rinkesh Goyal and Shri Nirmal Sharma learned counsel advanced arguments in detail and referred the judgment of Apex Court in the matter of Tula Ram and others v. Kishore Singh AIR 1977 SC 2401 and Ajay Malviya Vs. State of UP and others, 2001 Cr.L.J 313 about scope of Section 156(3) of Cr.P.C and submits that the Court below erred in passing the impugned order and even in absence of private complaint under Section 190/200 of Cr.P.C. matter could not have been entertained and scope of Section 156(3) of Cr.P.C. is wide enough to monitor the investigation also.

6. Learned counsel for the respondent/State opposed the prayer and submitted that petitioner has not impleaded the persons against whom allegations are levelled, therefore, case suffers from non-joinder of necessary parties. Petitioner did not prefer to file complaint under Section 200 of Cr.P.C. and filed only complaint under Section 156(3) of Cr.P.C. He prayed for dismissal of petition.

7. Heard learned counsel for the parties and perused the documents appended thereto.

8. This is a case where petitioner who was working as peon at the relevant point of time in Government K.R.G. College, Gwalior is aggrieved by the impugned order dated 21-05-2020 passed by the Special Judge (Atrocities), Gwalior whereby the complaint filed under Section 156(3) of Cr.P.C. by petitioner has been rejected. Therefore, instant appeal under Section 14-A of Atrocities Act is preferred against the said order.

9. Allegations in the complaint filed under Section 156(3) of Cr.P.C. were precisely that on 03-09-2019 about 3:00 pm, when he was standing near college canteen along with his colleagues, namely, Ravindra Rathore and Ravindra Kushwah then accused persons who are professors in college called him and directed him to remove some filth littered in front of sport room. When he refused to do so, then accused persons hurled verbal abuses and levelled caste aspersions. Therefore, he was aggrieved by the conduct of accused persons and when approached the police authorities with complaint then no concrete step has been taken, therefore, the complaint has been filed.

10. Perusal of impugned order reveals that it is a case where petitioner was facing many show cause notices because of his conduct much prior to the date of incident. Show cause notice dated 16-04-2018, 14-05-2018, 11-12-2019, 08-08-2019 and 27-01-2020 were referred in which conduct of applicant is indicated. When petitioner himself was facing such allegations of misconduct and dereliction in duties then his removal was apparently precipitating factor to exert pressure by filing of complaint because in enquiry eye-witnesses Ravindra Rathore and Ravindra Kushwah did not support the story of appellant. Relevant discussions surfaced before the Court below is reproduced for ready reference:

"mDr vkns'k ds ikyu esa fnukad 18-03-2020 dks Fkkuk izHkkjh dEiw }kjk tkap izfrosnu dzekd D;[email protected] fnukad 16-03-2020 izLrqr fd;k x;kA tkap izfrosnu ds lkFk jfoUnz flag dq'kokg] jfoUnz jkBkSj] MkW ,u-ds- uxkbZp euksgj dVkfj;k] MkW- eatw nqcs] MkW pk: fp=k] MkW- pk: dVkjs ,oa MkW- lat; Lo.kZdkj ds dFku rFkk ifjoknh fxjkZt ds dFku ds vfrfjDr dk;kZy; izkpkZ; 'kkldh; deyk jkts dU;k LukrdksRrj Lo'kklh egkfo|ky;

xokfy;j ds fujh{k.k lfefr }kjk fodkl nqcs ,oa fxjkZt pkSdhnkj ds lca/ka esa izLrqr fujh{k.k izfrosnu fnukafdr 7-5-2018 mDr egkfo|ky; ds izkpk;Z MkW- ds lasxj }kjk fxjkZt 'kkD;okj dks dk;Z esa lq/kkj ykus fo"k;d fn;s x;s i= dza 778, fnuakd 16-04-2018] fxjkZt 'kkD;okj dks vafre psrkouh nsus ckor~ fn;s x;s i= dzekad 998&, fnukad 14-5-2018] izkpk;Z MkW- eatw nqcs } kjk fxjkZt fd'kksj 'kkD; dks egkfo|ky; dk jk"Vªh; ?ot uk mrkjus ckor~ fn;s x;s i= dzekd 179 fnukad 11-02-2019 fxjkZt 'kkD;okj dks vafre psrkouh ,oa Li"Vhdj.k nsus ckor~ fn;s x;s i= dzekd 1267 fnukad 8-8-2019] Li"Vhdj.k nsus ckcr~ i= dzekd 200 fnukad 27-1-2020] dzekad 197 fnukad 27- 1-2020 MkW- ekyk nqcs }kjk izkpk;Z dks ys[kc) Li"Vhdj.k fnukafdr 27-1-2020] tkWp lfefr }kjk izkpk;Z 'kkldh; ds-vkj- th- egkfo|ky; dks fxjkZt 'kkD;okj vdq'ky Jfed ds laca/k esa dh tkus okyh dk;Zokgh fo"k;d i= fnukafdr 26-7-2019 ,oa MkW- eatw nqcs izkpk;Z }kjk vdq'ky fxjkZt fd'kksj 'kkD;okj dks fn;s x;s i= dzaekd 1747 fnukafdr 24-10-2019 dh izfr rFkk fxjkZt fd'kksj 'kkD;okj }kjk izkpk;Z 'kkldh; ds-vkj-th- egkfo|ky; dks lacksf/kr fnukad 27-1-2020 dks lwpuk i= ds tckc eas fn;s x;s Li"Vhdj.k fnukafdr 30-1-2020 dh izfr;ka layXu dh x;h gSA vkj{kh dsUnz dEiw dh Fkkuk izHkkjh }kjk U;k;ky; ds vkns'k ls fn;s x;s tkap izfrosnu esa ;g fu"d"kZ fn;k x;k gS fd ds-vkj-th- dkWyst ds iwoZ rFkk orZeku izkpk;Z }kjk fnukad 3-9- 2019 ds iwoZ vkosnd fxjkZt 'kkD; ls mlds nSfud O;ogkj rFkk dk;Z esa lq/kkj ykus ckor~ Li"Vhdj.k i= tkjh d;s x; FksA vkosnd ds ifjokn esa mYysf[kr lk{kh jfoUnz dq'kokg rFkk jfoUnz jkBkSj us fnukad 3-9-2019 dks nksigj esa fxjkZt 'kkD; ds lkFk dksbZ ÄVuk ÄfVr ugha gksuk crk;k vkSj uk gh fdlh ds }kjk mldks tkfrlwpd xkfy;ka nsuk crk;k] vkosnd dks mlds dnkpkj rFkk drZO; ds izfr ykijokgh ds dkj.k vdq'ky Jfed ds in ls gVk;k x;k gS] izfrfdz;k Lo:i mlds }kjk vukosndx.k ds fo:) >wBk vkjksi yxk;k tkuk ik;k x;k] tkap ij ls dksbZ tqeZ nLrUnkth gksuk ugha ik;k x;kA^^

11. In the considered opinion of this Court when police has already enquired into the matter and submitted a report before the Court below and thereafter Court came to the conclusion, then this Court cannot go beyond record in appeal while giving direction for re-investigation and re-enquiry in the facts and circumstances of the case.

12. In the cumulative analysis no further direction is required to be made to the trial Court as per law. Appeal sans merits and is hereby dismissed.

(Anand Pathak) Judge Anil*

ANIL KUMAR CHAURASIYA 2022.06.16 07:44:56 -07'00'