Saroj Bai vs The State Of Madhya Pradesh
2023 Latest Caselaw 2415 MP

                            1
 IN    THE     HIGH COURT OF MADHYA PRADESH
                    AT JABALPUR
                          BEFORE
            HON'BLE SHRI JUSTICE VISHAL DHAGAT
                ON THE 10 th OF FEBRUARY, 2023
                WRIT PETITION No. 1089 of 2023

BETWEEN:-
1.    SAROJ BAI W/O RAJARAM, AGED ABOUT 50
      YEARS, OCCUPATION: HOSUE WIFE R/O VILLAGE
      BICHHUA POLICE STATION DHOOMA, TEHSIL
      LAKHNADON,    DISTRICT   SEONI   (MADHYA
      PRADESH)

2.    LAXMI BAI W/O GAUTAM MEHRA, AGED ABOUT
      28   YEARS, OCCUPATION: HOUSEWIFE R/O
      VILLAGE BICHHUA POLICE STATION DHOOMA
      TEHSIL LAKHNADON DISTRICT SEONI (MADHYA
      PRADESH)

3.    RAJARAM MEHRA S/O KHEMLAL MEHRA, AGED
      ABOUT 65 YEARS, OCCUPATION: AGRICLTURE
      R/O VILLAGE BICHHUA POLICE STATION
      DHOOMA TEHSIL LAKHNADON DISTRICT SEONI
      (MADHYA PRADESH)

4.    GAUTAM MEHRA S/O RAJARAM MEHRA, AGED
      ABOUT 32 YEARS, OCCUPATION: AGRICULTURE
      R/O VILLAGE BICHHUA POLICE STATION
      DHOOMA TEHSIL LAKHNADON DISTRICT SEONI
      (MADHYA PRADESH)

5.    RISHI MEHRA S/O RAJARAM MEHRA, AGED
      ABOUT 28 YEARS, OCCUPATION: AGRICULTURE
      R/O VILLAGE BICHHUA POLICE STATION
      DHOOMA TEHSIL LAKHNADON DISTRICT SEONI
      (MADHYA PRADESH)

                                                  .....PETITIONERS
(BY SHRI JITENDRA SHRIVASTAVA - ADVOCATE)

AND
1.    THE STATE OF MADHYA PRADESH THROUGH
      THE PRINCIPAL SECRETARY, MINISTRY OF
      HOME AFFAIRS,    MANTRALAYA VALLABH
      BHAWAN, BHOPAL (MADHYA PRADESH)
                                    2

2.    DIRECTOR GENERAL OF POLICE, POLICE
      HEADQUARTERS, BHOPAL, DISTRICT BHOPAL
      (MADHYA PRADESH)

3.    DEPUTY INSPECTOR GENERAL OF POLICE,
      RANGE CHHINDWARA, DISTRICT CHHINDWARA
      (MADHYA PRADESH)

4.    SUPERINTENDENT OF POLICE, NARSINGHPUR,
      DISTRICT NARSINGHPUR (MADHYA PRADESH)

5.    PURUSHOTTAM MARAVI, SUB DIVISIONAL
      POLICE   OFFICER,    GOTEGAON, DISTRICT
      NARSINGHPUR (MADHYA PRADESH)

6.    STATION HOUSE OFFICER, GOTEGAON, DISTRICT
      NARSINGHPUR (MADHYA PRADESH)

7.    DEVI SINGH S/O KAMAL SINGH, CASTE MEHRA
      R/O VILLAGE CHANDANI POST KHAMARIYA
      TEHSIL AND POLICE GOTEGAON, DISTRICT
      NARSINGHPUR (MADHYA PRADESH)

                                                              .....RESPONDENTS
(BY SHRI K.S. BAGHEL - GOVERNMENT ADVOCATE)

      This petition coming on for admission this day, th e court passed the
following:
                                    ORDER

Petitioners have filed this petition under Article 226 of the Constitution of India making a prayer that police authorities be directed to make fair investigation in the case.

2. Counsel appearing for petitioners submitted that statements of petitioner, who is husband of deceased, was recorded by police and same was available in diary, but was not filed in challan. Police had done a lopsided investigation and ought to have filed all the statements which have been recorded. In these circumstances, he makes a prayer for interference and directing police authorities to do fair investigation. Counsel appearing for

petitioners relies on judgment passed by Apex Court in case of Kapil Agrawal and others V. Sanjay Sharma and others; (2021) 5 SCC 524 and says that writ petition is maintainable for making a prayer for fair investigation into the case.

3. Heard the counsel for the parties.

4. It is for investigating agency to decide which statement and evidence is to be placed before Court for prosecuting the applicants. No direction can be given to police to file all statements and place all materials before Magistrate by filing charge-sheet. Discretion is of police that how accused is to be prosecuted and on basis of what material.

5. Considering the aforesaid circumstances, it cannot be said that police had done investigation interestedly in the case. Writ petition filed by petitioners is disposed off.

6. Petitioners are at liberty to take grounds before trial Court and place reliance on statements which are not produced in challan by police but is available in the case diary.

7. Writ petition is disposed off with the aforesaid liberty.

(VISHAL DHAGAT) JUDGE sp/-

SUNIL KUMAR Digitally signed by SUNIL KUMAR PATEL DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=HIGH COURT OF MADHYA PRADESH, postalCode=482001, st=Madhya Pradesh, 2.5.4.20=3ad456309c8cfa67fdf9acdac6949bbc6ea3342f02b1af1bdaf 3424a04c11d99,

PATEL pseudonym=EB80E81424E3C3A3FCB5801D65B573419C2D9C68, serialNumber=5011B37A3DD5E32019F501F10E878D2F118732491B 5F40BDC9923237D954365B, cn=SUNIL KUMAR PATEL Date: 2023.02.13 13:03:09 +05'30'