Dharmendra Singh @ Bhole Singh ... vs The State Of Madhya Pradesh
2023 Latest Caselaw 4051 MP

                                                      1
                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE VISHAL MISHRA
                                            ON THE 15 th OF MARCH, 2023
                                       MISC. CRIMINAL CASE No. 8149 of 2023

                          BETWEEN:-
                          DHARMENDRA SINGH @ BHOLE SINGH PATEL S/O
                          SHRI DHIRENDRA SINGH, AGED ABOUT 29 YEARS,
                          OCCUPATION: STUDENT R/O VILLAGE BADI BARTI, P.S.
                          RAMPUR BAGHELAN, DISTT. SATNA, PRESENT R/O H.
                          NO. 11/485 BEHIND OF INDIRA AWAS COMPLEX,
                          INDIRA NAGAR, P.S. UNIVERSITY DISTT. REWA
                          (MADHYA PRADESH)

                                                                              .....APPLICANT
                          (BY SHRI SANJAY SARWATE - ADVOCATE)

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

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

                          3.    SUPERINTENDENT OF POLICE, SATNA DISTRICT
                                SATNA (MADHYA PRADESH)

                          4.    STATION HOUSE OFFICER, S A T N A RAMPUR
                                BAGHELAN,  DISTRICT SATNA       (MADHYA
                                PRADESH)

                          5.    NILENDRA S/O SHRI RAGHAVENDRA SINGH,
                                AGED ABOUT 25 YEARS, R/O VILLAGE BADI
                                BARTI, P.S. RAMPUR BAGHELAN, DISTT. SATNA
                                (MADHYA PRADESH)

                          6.    DEEPENDRA SINGH S/O SHRI RAGHAVENDRA
                                SINGH, AGED ABOUT 21 YEARS, R/O VILLAGE
                                BADI BARTI, P.S. RAMPUR BAGHELAN, DISTT.
                                SATNA (MADHYA PRADESH)


Signature Not Verified
Signed by: TAJAMMUL
HUSSAIN KHAN
Signing time: 3/20/2023
4:36:17 PM
                                                              2
                                                                                      .....RESPONDENTS
                          (SHRI AMIT PANDEY - PANEL LAWYER FOR RESPONDENTS NO.1 TO 4)

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

The present application has been filed under Section 482 of the Code of Criminal Procedure, 1973 seeking the following reliefs:-

"A. That, the Police are duty bound to arrest the respondent No.5 and 6 for the offence registered against them. B. That, despite knowing that the respondent No.5 and 6 are freely moving in the city and attending parties, but the police is illegally protecting them and not arresting them. C. That, the in action on part of police which is highly irresponsible and by not arresting accused persons and leaving them to commit other offence.

D. That, having registered the offence under NDPS Act dated on 10.09.2021 and given protection to them despite information provided to police, this shows the dereliction of duties of police."

2. The case of the applicant is that he is one of the accused in Crime No.633/2021 registered at Police Station Ramput Baghelan, District Satna. He along with other co-accused were roped up in a case punishable under Sections 8-B, 21 and 22 of the NDPS Act and Section 5/13 of the M.P. Drug Control Act. The first bail application filed by the present applicant was dismissed as withdrawn vide order dated 07.05.2022 passed in M.Cr.C. No.21981 of 2022. The second application was dismissed on merits vide order dated 05.08.2022 in M.Cr.C. No.37438 of 2022. However, the third bail application of the applicant was allowed vide order dated 04.11.2022 in M.Cr.C. No.49833 of 2022, owing to an undertaking given by the counsel for the applicant that the other co- accused will surrender in seven days from today. He could not have been released from jail owing to the fact that the other co-accused have not Signature Not Verified Signed by: TAJAMMUL HUSSAIN KHAN Signing time: 3/20/2023 4:36:17 PM

surrendered. The fourth bail application filed by the applicant was rejected vide order dated 06.01.2023 in M.Cr.C. No.60700 of 2022. Thereafter, the applicant has filed fifth bail application being M.Cr.C. No.6119 of 2023 along with an application for grant of ad-interim temporary bail to enable him to search the other co-accused and enable him to get surrendered the other co-accused. Owing to the fact that the other co-accused have not surrendered, the trial is not proceeding in the matter. It is submitted that the applicant is having a right to fair and speedy trial in view of the judgments passed by the Hon'ble Supreme Court. Thus, merely on the fact that the co-accused have not surrendered, it cannot be a ground for rejection of the application. The Police Authorities have not taken any action to arrest the respondents No.5 and 6. They are roaming freely in the city and attending functions and parties. The Police Authorities in connivance with them are not taking any action to arrest them. Therefore, this application has been filed.

3. Per contra, State counsel has vehemently opposed the contentions and submitted that if the other co-accused are not surrendered or are not being arrested then the applicant is having every right to fair and speedy trial. The learned trial Court can proceed in the matter against the present applicant and the trial of the other co-accused can be separated from the applicant. The supplementary charge-sheet can always be filed in the matter as and when the

other co-accused are arrested or surrendered. The undertaking was given by the counsel for the applicant with respect to surrendering the other co-accused and that was a concession which was considered by this Court while allowing the application of the applicant. Even otherwise, in an application under Section 482 of the Cr.P.C. no such direction to the Police Authorities to arrest the other co- accused can be given. It would not be pointed out that how the Police Signature Not Verified Signed by: TAJAMMUL HUSSAIN KHAN Signing time: 3/20/2023 4:36:17 PM

Authorities are not doing their duties, nothing is placed on record to show the same. In absence of any cogent material available on record, no direction can be issued. The applicant can always move the learned trial Court for redressal of his grievances. He has prayed for dismissal of the application.

4. Heard the learned counsels for the parties and perused the records.

5. The applicant is the accused in the matter. Although, he is having a right to fair and speedy trial. His bail applications were considered and rejected by this Court on several occasions. On earlier occasion one bail application was allowed on the concession being given the counsel for the applicant that they will surrender the other co-accused, but they failed to do so, therefore, the applicant was not released on bail. As far as the argument with respect to the fact that the Police was not taking appropriate action for arresting the other co- accused, no such direction can be issued in an application filed under Section 482 of the Cr.P.C. If the other co-accused are not being arrested by the Police Authorities, the same will not affect the trial of the present applicant because his trial can always be proceeded on the material which have been filed by the prosecution. As far as other co-accused are concerned, they are being arrested, supplementary charge-sheet can always be filed and they can be tried separately. The same does not give any right to the applicant who is accused to ask for arrest of other co-accused. Even otherwise, the Police Authorities are duty bound to arrest the other accused persons. No such documents are being filed to show that the Police Authorities are not taking any steps to arrest them.

6. Under these circumstances, no relief can be extended to the applicant in an application filed under Section 482 of the CR.P.C. The applicant is having a remedy before the concerned trial Court by filing appropriate application for

Signature Not Verified Signed by: TAJAMMUL HUSSAIN KHAN Signing time: 3/20/2023 4:36:17 PM

redressal of his grievances.

7. Accordingly, this application filed under Section 482 of the Cr.P.C. stands dismissed.

(VISHAL MISHRA) JUDGE taj

Signature Not Verified Signed by: TAJAMMUL HUSSAIN KHAN Signing time: 3/20/2023 4:36:17 PM