Madhya Pradesh High Court
Brajkishore Pathak vs The State Of Madhya Pradesh on 30 March, 2022
Author: Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 30th OF MARCH, 2022
WRIT PETITION No. 7081 of 2022
Between:-
BRAJKISHORE PATHAK S/O MUNSHILAL PATHAK
, AGED ABOUT 48 YEARS, OCCUPATION:
AGRICULTURE PATNA DEORI, TEHSIL KESLI
SAGAR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI PRAMOD SINGH TOMAR, ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THROUGH
SECRETARY HOME DEPTT VALLABH BHAWAN
BHOPAL (MADHYA PRADESH)
2. DIRECTOR GENERAL OF POLICE POLICE
H EA D Q U A R TER S BHOPAL M.P. (MADHYA
PRADESH)
3. SUPERINTENDENT OF POLICE SAGAR DISTRICT
SAGAR M.P. (MADHYA PRADESH)
4. STATION HOUSE OFFICER POLICE STATION KESLI
S A G A R DISTRICT SAGAR M.P. (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI PRAMOD PANDEY, GOVT. ADVOCATE )
T h is petition coming on for admission this day, the court passed the
following:
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 directed to the Investigation
Authority to allow accused to submit all such information which may assist to
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arrive at the truth (2016) 3 SCC 135 followed, to direct the respondents on
Digitally signed by SUSHEEL KUMAR
JHARIYA
Date: 2022.04.05 11:03:21 IST the application submitted by the petitioner (Annexure P-1) to take all the
documents in investigation Crime No.346/2022 at Police Station Kesli,
District Sagar (M.P.) for the offence punishable U/s 294, 323, 307, 325 & 34
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.346/2022
at Police Station Kesli, District Sagar (M.P.) for the offence punishable U/s 294,
323, 307, 325 & 34 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 h a s 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 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.
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P er contra, State counsel has vehemently opposed the application stating
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that investigation is still pending as per the petitioner himself. The documents
JHARIYA
Date: 2022.04.05 11:03:21 IST
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 vide Crime No.346/2022 at Police Station Kesli,
District Sagar (M.P.) for the offence punishable U/s 294, 323, 307, 325 & 34 of
IPC. The petitioner in support of his case has filed certain documents with the
Police Authorities. 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 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.
I n such circumstances, no case for issuance of mandamus to the Police
Authorities is made out; however, looking to the judgment passed by the Supreme
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SAN
Digitally signed by SUSHEEL KUMAR
JHARIYA
Date: 2022.04.05 11:03:21 IST
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.
C.C. as per rules.
(VISHAL MISHRA)
JUDGE
sj
Signature Not Verified
SAN
Digitally signed by SUSHEEL KUMAR
JHARIYA
Date: 2022.04.05 11:03:21 IST
