Madhya Pradesh High Court
Sanjay Singh Soni vs The State Of Madhya Pradesh on 21 March, 2022
Author: Anand Pathak
1
HIGH COURT OF MADHYA PRADESH
Writ Petition No.6340/2022
(Sanjay Singh Soni Vs. State of M.P. and others)
Gwalior Bench: Dated 21.03.2022
Shri Prashant Sharma, learned counsel for the petitioner.
Shri Deepak Khot, learned Government Advocate for the
respondents/State.
This petition under Article 226 of the Constitution of India has
been preferred by the petitioner seeking following reliefs:-
(i) That, the respondent be directed to conduct the
preliminary inquiry by adhering to the principle of
natural justice and granting petitioner opportunity of
hearing.
(ii) That, the respondent be directed to conduct the
preliminary enquiry strictly in light of the direction issued
by the Hon'ble Supreme Court in the Special Leave
Petition (Criminal) No.10283/2019. And / or
(iii) That, the preliminary enquiry as being continued to
be conducted by respondent No.4 be declared to be
without jurisdiction and the same to be declared void and
illegal.
(iv) Pass any other order(s), as this Hon'ble Court may
deem fit in the facts and circumstances of the present case.
2. Precisely stated facts of the case are that earlier criminal case
was registered against some accused persons vide Crime No.186/2015
at Police Station Billowa, Gwalior and other cases vide Crime
No.03/2015 and Crime No.22/2015 at Police Station Dabra Dehat,
HIGH COURT OF MADHYA PRADESH
Writ Petition No.6340/2022
(Sanjay Singh Soni Vs. State of M.P. and others)
District Gwalior. Thereafter, petition under Section 482 of Cr.P.C. was
preferred by the accused Ramlakhan vide MCRC No.1473/2016 in
which detail order has been passed vide order dated 19.01.2017 by
Coordinate Bench of this Court wherein certain directions were issued
against the petitioner who was working as then Station House Officer,
Billowa, Gwalior.
3. It is the submission of learned counsel for the petitioner that
challenging the said order, petitioner preferred Special Leave Petition
(Criminal) before the Apex Court Diary No.37864/219 and same was
disposed of with modification of the judgment passed by the
Coordinate Bench of this Court and one direction was given to the
Additional Director General of Police, State Government to conduct
preliminary inquiry to fix responsibility for lapses and foul play in the
investigation noted by the High Court and he had to complete this
inquiry within the period of four months and submit preliminary report
before the State Government and thereafter, State Government shall
proceed on the said report in accordance with law.
4. It is further submitted that after passing of the said order, inquiry
was started against the petitioner and he was directed to participate in
the departmental inquiry vide order dated 20.09.2021 passed by the
HIGH COURT OF MADHYA PRADESH
Writ Petition No.6340/2022
(Sanjay Singh Soni Vs. State of M.P. and others)
Additional Director General of Police, Bhopal. Petitioner was further
directed to appear and to proceed in his case and to give the answers to
the questions raised by the Additional Director General of Police,
Bhopal. On 11.10.2001 petitioner wrote a letter to the Additional
Director General of Police and given his defence. It appears that
thereafter on 25.01.2022 Additional Superintendent of Police, (Rural)
Gwalior directed the petitioner to appear on 27.01.2022 to record his
statement but petitioner did not appear. He was again called and
directed to appear before the authorities on 12.03.2022.
5. It also appears from submission that on 13.02.2022, petitioner
asked the Additional Superintendent of Police (Rural) Gwalior to give
the list of witnesses and point out which evidence is to be recorded,
but no steps have been taken. Therefore, petitioner is before this Court
and seeking appropriate direction for adherence of principle of natural
justice.
6. Learned Government Advocate for the respondents/State
opposed the prayer and prayed for dismissal of this petition.
7. Heard learned counsel for the parties and perused the documents
appended thereto.
8. This is case where petitioner did not choose to appear on the
HIGH COURT OF MADHYA PRADESH
Writ Petition No.6340/2022
(Sanjay Singh Soni Vs. State of M.P. and others)
assigned date i.e. 25.01.2022 and next date given by the authorities
was 12.03.2022 but he did not appear before the Superintendent of
Police, Gwalior. Meanwhile it appears that because of the time
constraint as ordered by Apex Court matter was required to be
completed within time limit as directed by the Apex Court and said
time limit was four months. Therefore, if any haste has been shown by
the respondent/complainant then they were following the order of
Apex Court in letter and spirit. Even otherwise, petitioner was given
sufficient opportunity of hearing, therefore, plea of principle of natural
justice is not available to the petitioner.
7. In absence thereof, no case is made out for interference because
of the peculiar nature of controversy. Authorities have to abide by time
limit fixed by the Apex Court i.e. four months.
8. Admission declined.
9. Petition stands dismissed in limine.
(Anand Pathak)
Judge
Rashid
RASHID KHAN
2022.03.24 10:19:10 +05'30'
11.0.8
