Rajesh Kumar Shrivastava vs The State Of Madhya Pradesh
2023 Latest Caselaw 3227 MP

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE ANAND PATHAK
                                              ON THE 22 nd OF FEBRUARY, 2023
                                          MISC. CRIMINAL CASE No. 6348 of 2023

                          BETWEEN:-
                          RAJESH KUMAR SHRIVASTAVA S/O SHRI SURYA
                          NARAYAN LAL, AGED ABOUT 55 YEARS, R/O WARD NO.
                          23 BAZAR ROAD TEONTHAR DISTRICT REWA AT
                          PRESENT TIME WORKING IN COLLECTOR OFFICER
                          REWA DISTRICT REWA (MADHYA PRADESH)

                                                                                          .....APPLICANT
                          (BY SHRI K.K.GAUTAM- ADVOCATE )

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION S.T.F. DISTRICT BHOPAL (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                          (BY SHRI NARENDRA CHOURASIYA- GOVERNMENT ADVOCATE)

                                This application coming on for admission this day, the court passed the
                          following:
                                                              ORDER

This is the second application under Section 438 of the Cr.P.C filed by t h e applicant who is apprehending her arrest in connection with Crime No.17/2020 registered at Police Station-S.T.F., Bhopal, District-Bhopal, for the offences punishable under Sections 420, 467 and 471 of IPC and sections 120- B (further added) of of IPC.

The instant application is the second application u/s 438 of Cr.P.C. and applicant who is working as reader of Tehsildar is apprehending his arrest on the basis of registration of offencees as referred above. Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 2/24/2023 3:29:11 PM

It is submission of counsel for the applicant that he has been falsely implicated and he has no role to play in the commission of offence. He is a government employee and he did not prepare any forged certificate. Confinement may bring social disrepute and personal inconvenience.

Counsel for the respondent/State opposed the prayer and submitted that it is an offshoot of VYAPAM SCAM. As per allegation, applicant and other co-accused were instrumental in preparation of a false domicile certificate of Madhya Pradesh given to one candidate who on the basis of said certificate appeared in PMT Examination of 2009. Later on, it was found that applicant forged the document of Tehsildar who was not posted at the relevant point of

time at Rewa. Custodial interrogation cannot be ruled out. He prayed for dismissal of the application.

Heard, learned counsel for the parties and perused the case diary. This is the second visit of the applicant u/s 438 of Cr.P.C. Earlier application was argued at length by the counsel for the applicant recently, on 30.01.2023 (M.Cr.C.No.3484/2023) and when this Court was not inclined to grant anticipatory bail, then he sought withdrawal of the application to submit to the course of justice. Now again, on same set of facts, he preferred this application. Therefore, as per the judgment of Apex Court in the Case of G.R.Ananda Babu Vs. State of Tamil Nadu, reported 2021 SCC Online SC 176, no spacious reasons have been given. On this count alone, application deserves to be dismissed.

However, on perusal of case diary, it appears that present applicant was a reader to the Tehsildar Shri D.K.Pandey and memo of Ajayab Lal Kol who was a peon in the office of Tehsildar, Teonthar, District-Rewa specified the role of

Signature Not Verified applicant how he manipulated the record and opinion of handwriting expert Signed by: RAVIKANT KEWAT Signing time: 2/24/2023 3:29:11 PM

dated 29.09.2022 indicates that Tehsildar Shri D.K.Pandey did not sign the document and when the statement of other witnesses are taken into consideration including the report of STF, it appears that custodial interrogation is required and applicant cannot be given benefit of anticipatory bail. VYAAM SCAM haunts the authorities yet in the State of Madhya Pradesh and it has cascading effect over the society and administration at large.

Considering the overall facts and circumstances of the case, no case for anticipatory bail is made out.

Applicant needs to be interrogated in custody to unearth more particulars about the SCAM and scamsters.

Application sans merit and is hereby dismissed.

                          rk.                                                        (ANAND PATHAK)

                                                                                           JUDGE




Signature Not Verified
Signed by: RAVIKANT
KEWAT
Signing time: 2/24/2023
3:29:11 PM