Rakesh Kumar Jain vs The State Of Madhya Pradesh
2023 Latest Caselaw 10562 MP

                                                                  1

        IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                               BEFORE
     HON'BLE SHRI JUSTICE ROOPESH CHANDRA VARSHNEY
                     ON THE 11TH OF JULY, 2023

              MISC. CRIMINAL CASE No. 47764 OF 2020

     BETWEEN:-
     PUNEET KUMAR AGARWAL S/O SHRI
     MOOLCHAND      AGE-    45    YEARS
     OCCUPATION - BUSINESS R/O HOUSE
     NO.14, ASHOK COLONY, MEERUT, HAPUR
     (U.P.)
                                                .....PETITIONER
     (BY SHRI RAHUL BANSAL - ADVOCATE )

     AND

1.
     THE STATE OF MADHYA PRADESH
     THROUGH POLICE STATION KOTWALI
     LASHKAR,    DISTRICT   GWALIOR
     (MADHYA PRADESH)
2. RAKESH     KUMAR JAIN S/O SHRI
     CHHOTELAL JAIN OCCUPATION -
     BUSINESS R/O DANA OIL, LASHKAR,
     GWALIOR

3. SUPERINTENDENT       OF    POLICE,
     GWALIOR DISTRICT GWALIOR (M.P.)

                                             .....RESPONDENTS
     (BY SHRI P.P.S. VAJEETA - PUBLIC PROSECUTOR FOR THE STATE)
     (BY SHRI VIVEK KUMAR MISHRA - ADVOCATE FOR RESPONDENT
                                                               2

NO.2)
                         AND
        MISC. CRIMINAL CASE No. 49822 OF 2020

  BETWEEN:-
   RAKESH KUMAR JAIN S/O DR. CHHOTE
   LAL    JAIN, AGE  -   58   YEARS,
   OCCUPATION - BUSINESS, R/O DANA
   OLI LASHKAR, DISTRICT GWALIOR
   (M.P.)
                                            .....PETITIONER
  (BY SHRI VIVEK KUMAR MISHRA - ADVOCATE)

  AND

1. THE STATE OF MADHYA PRADESH
  THROUGH DIRECTOR GENERAL OF
  POLICE, POLICE HEADQUARTER
  BHOPAL (M.P.)

2. THE SUPERINTENDENT OF POLICE
  GWALIOR DISTRICT GWALIOR (M.P.)

  TOWN INSPECTOR, POLICE STATION
3. KOTWALI,  LASHKAR    DISTRICT
  GWALIOR (M.P.)
                                          .....RESPONDENTS
  ( BY SHRI P.P.S. VAJEETA - PUBLIC PROSECUTOR)
                           AND
         MISC. CRIMINAL CASE No. 43488 OF 2021

BETWEEN:-
MUKESH KUMAR AGRAWAL, S/O SHRI
JAGDISH PRASAD AGRAWA, AGE: 55
YEARS, OCCUPATION BUSINESS, R/O
CHANDRAGUPTA PURI GANJ BAAZAR
SADAR, MEERUT, (U.P.)
                                                                           3

                                                 .....PETITIONER
 (BY SHRI SIDDHARTHA SHARMA AND SHRI YASH SHARMA -
 ADVOCATES)

 AND

 THE STATE OF MADHYA PRADESH
 THROUGH STATION HOUSE OFFICE,
 POLICE STATION KOTWALI, DISTRICT
 GWALIOR (MADHYA PRADESH)
                                                .....RESPONDENT
 ( BY SHRI P.P.S. VAJEETA - PUBLIC PROSECUTOR)




       These petitions coming on for admission this day, the court passed
the following:

                                 ORDER

This common order shall govern disposal of all these three petitions filed under Section 482 of Cr.P.C. viz. M.Cr.C.No. 47764/2020 (Puneet Agarwal Vs. State of M.P. and Ors.), M.Cr.C.No. 49822/2020 (Rakesh Kumar Jain Vs. State of M.P. and Ors.) and M.Cr.C. No. 43488/2021 (Mukesh Kumar Agarwal Vs. State of M.P.) as all these three petition arise out of the common FIR registered vide Crime No. 68/2020 by Police Station Kotwali, District Gwalior for offence under Section 420 and 406 of IPC.

M.Cr.C.No. 47764/2020 is filed by accused -Puneet Kumar seeking recall of order dated 11/8/2020 passed in M.Cr.C.No. 19942/2020; whereby Investigating Authority was directed to make sure fair investigation of the case as per law laid down by Hon'ble apex Court passed in the cases of

Azijz Bega Vs. State of Maharashtra and Anr. (2012) 3 SCC 126 and Lalita Kumar Vs. State of Uttar Pradesh and Ors., (2008) 7 SCC 164; whereby, M.Cr.C.No. 49822/2020 is filed by complainant- Rakesh Kumar Jain seeking fair and impartial investigation from the CID or any other senior authority of an investigation agency and M.Cr.C.No. 43488/2021 is filed by accused -Mukesh Kumar Agrawal seeking free and fair investigation in the matter.

As regards M.Cr.C.No. 47764/2020 M.Cr.C.No. 47764/2020 is filed on the ground that complainant filed the said petition with a prayer that no document presented on behalf of the accused -petitioner shall be considered in investigation; whereas, from perusal of order dated 11/8/2020, it is crystal clear that though aforesaid submission of complainant finds place in order but the petition was disposed of while directing the investigation authority to make sure fair investigation in the matter and no observation regarding non-consideration over the document submitted by petitioner- Puneet Kumar Agarwal, therefore, the submission of petitioner appears to be misplaced. As regards M.Cr.C.No. 49822/2020 M.Cr.C.No. 49822/2020 is filed on behalf of complainant seeking fair, impartial and free investigation and complainant also requested for direction to CID or any other senior authority or an investiagtion agency to investigate the matter. Complainant is before this Court for the second time seeking same relief.

A coordinate Bench of this Court previously has already passed a detailed order dated 11/8/2020 considering the scope of Section 482 of Cr.P.C.

It is well settled in law that in a given case, if the material indicates prima facie irregularity in the matter of investigation, the High Court has power to order for investigation by CBI or by any independent agency. These principles are enumerated in the judgments of the Hon'ble Apex Court in the matter of R.S.Sodhi Vs. State of U.P. and Others, AIR 1994 SC 38, Secretary, Minor Irrigation & Rural Engineering services U.P. and Ors. Vs. Sahngoo Ram Arya and Anr., AIR 2002 SC 2225, State of Bihar and Anr. Vs. Ranchi Zila Samta Party and Anr., AIR 1996 SC 1515 and Mohammed Anis Vs. Union of India and Ors., 1994 Supp. (1) SCC 145.

No such irregularity has been pointed out by the counsel for the parties. Therefore, in the opinion of this Court when this Court has already passed a detailed order dated 11/8/2020 in M.Cr.C.No. 19942/2020, no further order is required to be passed.

As regards M.Cr.C.No. 43488/2021 This is second visit of petitioner/accused Mukesh Kumar Agrawal before this Court. Previously on same pretext, he filed W.P.No. 9278/2021 taking plea of alibi, which stood dismissed by passing a detailed order dated 14/6/2021, therefore, in the opinion of this Court, approach of petitioner before this Court for the second time, though in different proceedings, is abuse of process of law.

In the result all these three petitions are hereby dismissed. However, in the interest of justice, it is hereby observed that while complying the order dated 11/8/2020, the investigating authority shall ensure fair investigation, and shall also consider all the documents submitted by rival parties, in the interest of justice and conclude the investigation as

expeditiously as possible but not later than three months, if not already concluded, and thereafter ensure follow up action.

(ROOPESH CHANDRA VARSHNEY) Judge jps/-

JAI Digitally signed by JAI PRAKASH SOLANKI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR,

PRAKASH postalCode=474001, st=Madhya Pradesh, 2.5.4.20=287738d30aabaeda9b10cecdf179ce c865c7633f4cfb9e38ce14fcbb05b9522a, pseudonym=560BC50AD082B9BE54EE290EC 8CB2193780D8357,

SOLANKI serialNumber=8D6BC1C9FCE36623D0BD6B8 072A2D8C01433EBD48AE4F609F108CA8F8D E6B522, cn=JAI PRAKASH SOLANKI Date: 2023.07.13 09:32:58 +05'30'