Madhya Pradesh High Court
Sudarshan Gupta vs The State Of Madhya Pradesh on 1 February, 2024
Author: Vivek Rusia
Bench: Vivek Rusia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
ON THE 1 st OF FEBRUARY, 2024
WRIT PETITION No. 11762 of 2022
BETWEEN:-
SUDARSHAN GUPTA S/O INDARMAL JI GUPTA, AGED
ABOUT 59 YEARS, OCCUPATION: SOCIAL SERVICE R/O
4/5 MAHESH NAGAR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI DURGESH SHARMA-ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH
SUPERINTENDENT OF POLICE HEAD QUARTER
INDORE (MADHYA PRADESH)
2. THE CITY SUPERINTENDENT OF POLICE
CENTRAL KOTWALI, INDORE (MADHYA
PRADESH)
3. THE TOWN INSPECTOR POLICE STATION,
CENTRAL KOTWALI, INDORE (MADHYA
PRADESH)
4. DISTRICT PROSECUTION OFICER INDORE
(MADHYA PRADESH)
.....RESPONDENTS
( BY SHRI KUSHAL GOYAL- DEPUTY ADVOCATE GENERAL)
T h is petition coming on for orders this day, t h e cou rt passed the
following:
ORDER
This Writ Petition came up for hearing on 12.05.2023 and reserved for
pronouncement of order. On 12.06.2023 following order has been passed:-
''The petitioner has filed the present petition under Article 226
of the Constitution of India seeking direction to the
respondents to furnish information/detail/record of (i) Crime
No.522/87 Challan No.390/87 dated 27.12.1987 and Criminal
Case No.85/87 registered on 29.12.87; (ii) Crime No.518/87
Challan No.396/87 dated 29.12.87 and Criminal Case
No.81/87 registered on 29.12.1987, which were registered
against him but he was never put to trial.
02. Facts of the case reveal that the petitioner was an Ex-
MLA and he was interested in contesting the next election of
the local body to the post of Mayor, Indore Municipal
Corporation. The petitioner through his counsel applied under
the Right to Information Act, 2005 to obtain details of the
status of criminal cases registered against him. The Station
House Officer, Police Station - Kotwali vide information
dated 24.09.2019 about the registration of Crime No.522/1987
under Sections 147, 346 & 332 of the IPC against him.
Thereafter, another letter dated 24.09.2019, information about
the registration of Crime No.518/1987 under Sections 336 &
427 was given. Thereafter, he applied in the office of District
Public Prosecutor, Indore in respect of the status of the trial.
The District Public Prosecutor vide letter dated 25.08.2020
has informed him that no such record is available in his office.
The petitioner applied for a certified copy of the aforesaid
case before the Copying Section of District & Sessions
Court, Indore, but the same is not supplied as the records are
not available.
03. The grievance of the petitioner is that if he contests any
election in future, he will have to disclose the fact of criminal
cases registered against him. The record of the police station
shows that the two F.I.Rs. were registered against him way
back in the year 1987, but he never received any information
about the filing of the charge sheet or any summons/warrants
from the Court. The District Public Prosecutor is unable to
give information about the criminal case registered against
him. The Copying Section of the District & Sessions Court
has rejected the application for want of availability of the
record, therefore, if he does not disclose these criminal cases
pending against him, then he would be guilty of forgery or
suppression of important facts in the nomination form.
Therefore, he approached this Court by filing the present writ
petition.
04. This Court has directed the respondents to file a reply.
The Assistant Police Commissioner, Kotwali, Indore has filed
a reply by submitting that these records are not available in
the police station as per information given by the Chief
Judicial Magistrate, Indore.
05. Vide order dated 04.05.2023, this Court has directed
Shri Nimesh Agrawal, Deputy Commissioner of Police
(Crime), Police Headquarters Commissioner Office, Indore to
appear before this Court. Shri Nimesh Agrawal has appeared
and submitted that the status of criminal cases registered after
2015 is available in the ICJS System, but there is no such
record available about the status of criminal cases in the
police station.
06. In similar facts and circumstances, the Co-ordinate
Bench of this Court vide order dated 01.11.2013 disposed of
W.P. No.12951 by accepting the report of Chief Judicial
Magistrate that no criminal case is pending against the
petitioner at Crime No.81/1987, however, the liberty has been
granted that if it is traced out in future, the respondents shall
take appropriate steps in accordance with law.
07. By way of present writ petition, the petitioner is seeking
declaration from this Court that there is no criminal case
pending against him, which cannot be given to him under
Article 226 of the Constitution of India.
08. In the present case, the police has not raised their
hands that they are not in a position to give the status of the
criminal cases registered against the petitioner. After filling the
charge-sheet in the Court of Judicial Magistrate First Class the
police station sent one copy in the office of Public
Prosecutor and retain one copy in Police Station No such
affidavit has been filed about keeping one copy of charge-
sheet in the police station. Let a fresh affidavit of the Station
House Officer of the concerned Police Station be filed as to
how many copies of the record of FIR or charge-sheet of the
relevant years are available in the Police Station. If the copies
of the charge-sheets are available at the Police Station then the
record of the criminal case can be reconstituted for trial
against the petitioner.
09. The records of the aforesaid criminal cases are not
available in the record room of the District & Sessions Court
as certified by the CJM in Annexure-R/1. The Principal
District & Session Judge Indore has also sent a report and
according to the said report record and register of the record
room have been vanished in the fire accident that took place
in the basement two years ago and the status of these two
cases could not be find out. It appears that scrutiny of cases
which have been burnt is still going on. Learned PDJ Indore is
still trying to search the status of these criminal cases, hence,
the Writ Petition cannot be disposed of.
10. The application for a certified copy of the status of
Crime Nos.522/1957 and 518/1987 registered against the
petitioner has been rejected because these cases are not
registered in ICJS.
11. In most of the cases, after registration of the F.I.R.,
police files charge-sheets before the trial Court by keeping
one set of photocopies in the police station and one in the
office of Public Prosecutor. After filing the charge sheet, the
police station never keeps track of the status of the trial to
update its record. Each and every police station in M.P. must
maintain a register to keep the record of the FIRs registered in
the Police Station and a copy of the judgment passed therein.
The copy of charge-sheet and judgments passed therein will
help to know the shortcoming in the investigation which led to
acquittal in a criminal case. The Station House Officer of each
Police Station shall also obtain a copy of the order passed in
appeal & revision by the Higher Court for updating the
records. Under the Right to Information Act, every
Government Department must maintain records related to the
work of the concerned department. The police stations are
not exempted under the Right to Information Act. Therefore,
the Director General of Police, M.P. is directed to issue
guidelines to all the police stations to maintain a register as
stated above. The report sent by the PDJ & SJ, Indore be
placed on record.
12. Unless it is ruled out that the records of criminal cases
related to the petitioner alone have not been destroyed/non-
available in the Session Court are not available in the Police
Station then only clean chit can be given to the petitioner.
13. The petitioner is also directed to file an affidavit to the
effect that how and when he came to know about registration
of these F.I.Rs. against him because according to him, he
never received any warrant from the Court.
Writ Petition is directed to be listed on 1st July, 2023.''
[2] Thereafter vide order dated 01.07.2023, the direction was given to
Additional Commissioner of Police, Zone-I as to why the record is not available
in respect of Crime No.522/1987 and 518/1987. The petitioner filed an affidavit
dated 13.06.2023 that he had no information about registration of these two
crime against him. He came to know only when he obtained the information
from concerned police station before filing the nomination form.
[3] Learned counsel for the petitioner submits that so far as Crime
No.518/1987 is concerned, one of co-accused Ramesh S/o Chintamani has
filed Writ Petition No.12951/2013 which was disposed of vide order dated
01.11.2013 on the basis of report submitted by Chief Judicial Officer, Indore
that no criminal case 518/1987 is registered against the petitioner. This Court
has observed that if it is tressed out in future then the respondents shall take
appropriate steps in accordance with law.
[4] Counsel for the petitioner submits that similar order be passed for
petitioner in respect 518/1987 for which Government Advocate has no
objection.
[5] So far as Crime No.518/1987 is concerned, for the co-accused this
Court has already held that same be treated that no criminal case is pending and
if it is tressed out in future then respondents shall take appropriate steps in
accordance with law, it is also made clear that since the petitioner has filed an
affidavit that he had no knowledge about registration of these two crime and it is
found that he had knowledge of these case and he has given false affidavit then
he will face the prosecution. So far another crime No.522/1987 is concerned,
the report has been submitted that the record is not available in the Court as well
as Police Station, however, the aforesaid case was registered in respect of
demonstration as an political person. Charges are not serious in nature. Case
was registered in the year 1987 and no record is available, therefore, for this
crime is also, similar order is being passed as observed above in respect of
Crime No.518/1987.
With the aforesaid, Writ Petition is disposed of.
(VIVEK RUSIA)
JUDGE
Praveen
