Sanjay Baraiya vs The State Of Madhya Pradesh
2023 Latest Caselaw 3722 MP

                                1
 IN    THE      HIGH COURT OF MADHYA PRADESH
                      AT GWALIOR
                         BEFORE
      HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                    ON THE 2 nd OF MARCH, 2023
              MISC. CRIMINAL CASE No. 45541 of 2022

BETWEEN:-
SANJAY BARAIYA S/O LATE SHRI BABULAL, AGED
ABOUT 43 YEARS, OCCUPATION: SUB INSPECTOR
POSTED IN POLICE STATION BAMORE (MADHYA
PRADESH)

                                                            .....APPLICANT
(BY SHRI RAJ KUMAR SHRIVASTAVA - ADVOCATE).

AND
1.    THE STATE OF MADHYA PRADESH PRINCIPAL
      SECRETARY THROUGH PRINCIPAL SECRETARY
      DEPARTMENT OF HOME VALLABH BHAWAN
      BHOPAL (MADHYA PRADESH)

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

3.    SENIOR SUPERINTENDENT OF POLICE GWALIOR
      (MADHYA PRADESH)

4.    STATION HOUSE OFFICER POLICE STATION
      CRIME BRANCH, GWALIOR POLICE STATION
      CRIME BRANCH, GWALIOR (MADHYA PRADESH)

                                                        .....RESPONDENTS
(BY SHRI LOKENDDRA SHRIVASTAVA - PUBLIC PROSECUTOR)

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

Aggrieved by the judgment passed by the Second Additional Judge, Gwalior in S.T.No.403/2017 in which learned Trial Court in paragraphs 64-65

directed the Supervisory Police Officer to conduct enquiry on Investigating Officer who conducted the investigation.

Aggrieved by the aforesaid finding, the petitioner approached this Court on the sole ground that he did a part of investigation on 17.05.2017, due to absence of previous investigating Officer, who had gone to Court case. On that date, he seized only seal at the behest of accused Uday Electronics. Thereafter, again investigation was handed over to Gambhir Singh Kushwah. In these situation, he is not liable for any enquiry. Mere seizing of the seal, he has not investigated the whole crime.

Heard the learned counsel for both the parties and perused the record.

In view of the aforesaid facts, so far as the order relates to the petitioner passed in S.T.No.403/2017 is set-aside. The proceedings initiated against the petitioner is also quashed.

The petition stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE mani

SUBASRI MANI 2023.03.03 12:21:43 -08'00'