Arun Kumar Sarat vs The State Of Madhya Pradesh
2024 Latest Caselaw 13789 MP

Madhya Pradesh High Court

Arun Kumar Sarat vs The State Of Madhya Pradesh on 13 May, 2024

                                                               1             W.P. No.4994/2024


                               IN THE HIGH COURT OF MADHYA PRADESH
                                            AT JABALPUR
                                                     WP No. 4994 of 2024
                               (ARUN KUMAR SARAT Vs THE STATE OF MADHYA PRADESH AND OTHERS)



                          Dated : 13-05-2024

                                Shri Bhoop Singh Patel - Advocate for the petitioner.
                                Shri Swapnil Ganguly - Deputy Advocate General for the
                          respondents/State.

Affidavit of Shri Aditya Pratap Singh, Superintendent of Police, Jabalpur sworn on 11/05/2024 has been produced in a sealed cover. The same is taken on record.

2. This case depicts a very sorry state of affairs where not only a hardcore criminal is absconding but even the Superintendent of Police, Jabalpur who was supposed to maintain the law & order has gone to the extent of misleading the Court.

3. One Kissu @ Kishore Kumar Tiwari against whom number of criminal cases have been registered in Police Station Kotwali, District Katni as well as Jabalpur, out of which, four offences are of murder and four offences are of attempt to murder apart from various other offences, was declared absconding by the Trial Court by order dated 23/04/2022.

4. Accordingly on 24/04/2024, a direction was given to the respondents to file the details of steps taken by them to execute perpetual warrant of arrest issued by the Trial Court on 23/04/2022 in MJCR No.757/2022.

5. Accordingly, affidavit dated 03/05/2024 of Shri Aditya Pratap Singh, Superintendent of Police, Jabalpur sworn on 03/05/2024 was filed in a sealed cover.

6. Even in order dated 06/05/2024, it was specifically mentioned that Superintendent of Police, Jabalpur who was posted in Jabalpur on the date of issuance of perpetual warrant as well as present Superintendent of Police, Jabalpur appears to be negligent in ensuring execution of warrant of arrest but on 06/05/2024, it was never apprehended by this Court that Shri Aditya Pratap Singh, the present Superintendent of Police, Jabalpur would go to the extent of making false and misleading statement on affidavit. In paragraph 2 of affidavit of Shri Aditya Pratap Singh, Superintendent of Police, Jabalpur, which was sworn on 03/05/2024, it was mentioned as under:-

"2. That, in pursuance to the order dated 11.03.2024 the Superintendent of Police, Jabalpur has filed an affidavit (document No.106/2024) bringing on record the steps were taken by the authority but since sincere efforts have not been made by the then investigating officer i.e. ASI Narayan Patel, in these circumstances, by an order dated 13.03.2024 he was placed under suspension."

7. Even on 06/05/2024, a statement was made by counsel for the State that one ASI who had not taken any steps to execute the perpetual warrant of arrest issued by the Trial Court has been placed under suspension but that statement is per se misleading and has been deliberately made with a view to play fraud on the Court.

8. The diary has been filed in a sealed cover and another affidavit of Shri Aditya Pratap Singh which was sworn on 11/05/2024 has also been placed in sealed cover.

9. In the affidavit dated 11/05/2024, it has been mentioned that one charge-sheet has been issued to ASI Narayan Patel who did not primarily worked promptly to execute the perpetual warrant of arrest which was issued by the Trial Court and accordingly, copy of the charge-sheet has been placed on record.

10. In the charge-sheet itself, it is mentioned that ASI Narayan Patel, Police Station Kotwali was placed under suspension on 13/03/2024 and thereafter his suspension order has been revoked on 12/04/2024 and the charge-sheet was issued to ASI Narayan Patel on 10/05/2024.

11. The aforementioned dates are of utmost importance. This Court by order dated 11/03/2024 had directed the Superintendent of Police, Jabalpur to file his reply as to why no action has been taken against Kissu @ Kishore Kumar Tiwari who had absconded from the Trial Court and accordingly, the case was fixed for 15/03/2024.

12. On 15/03/2024, an affidavit of Shri Aditya Pratap Singh, Superintendent of Police, Jabalpur was filed in which he had specifically mentioned that since ASI Narayan Patel has not made any sincere efforts to execute the perpetual warrant of arrest, therefore he has been placed under suspension on 13/03/2024. This Court was made to understand that the Superintendent of Police, Jabalpur is very serious in the matter. Accordingly, at the request of counsel for the State, four weeks' time was granted to Jabalpur Police to trace out the missing person. But this Court is of considered opinion that the biggest mistake which was committed by this Court was to believe the version of Shri Aditya Pratap Singh, Superintendent of Police, Jabalpur.

13. As already pointed out, in affidavit dated 03/05/2024, once again it was submitted by Shri Aditya Pratap Singh, Superintendent of Police,

Jabalpur that ASI Narayan Patel has been placed under suspension but the reality is that his suspension order was already revoked on 12/04/2024 and said fact was suppressed by Shri Aditya Pratap Singh, Superintendent of Police, Jabalpur. Even in his latest affidavit which was sworn on 11/05/2024, Shri Aditya Pratap Singh, Superintendent of Police, Jabalpur has not uttered a single word with regard to revocation of suspension of ASI Narayan Patel.

14. This Court had directed to Shri Aditya Pratap Singh, Superintendent of Police, Jabalpur to point out the efforts made by the Police Authorities to execute the perpetual warrant of arrest issued by the Trial Court on 23/04/2022. However, instead of filing the record pertaining to the steps which were taken by the Authorities to execute the perpetual warrant of arrest, a vague reply has been given by Shri Aditya Pratap Singh, Superintendent of Police, Jabalpur that no sincere efforts were made by ASI Narayan Patel.

15. Merely because this Court had granted four weeks' time to the Police to search out the missing person, had not made the inactivity of ASI Narayan Patel acceptable but for no reason the suspension of ASI was revoked on 12/04/2024 and that fact has been suppressed by Shri Aditya Pratap Singh, Superintendent of Police, Jabalpur and even in his affidavit dated 03/05/2024, this fact was reiterated by him that ASI Narayan Patel has been placed under suspension.

16. Under these circumstances, this Court is of considered opinion that false and misleading statements were made by Shri Aditya Pratap Singh, Superintendent of Police, Jabalpur with a solitary view to suppress the material facts but also to mislead the Court and accordingly, this Court is of prima facie view that a situation has been

created by Shri Aditya Pratap Singh, Superintendent of Police, Jabalpur where proceeding for committing Contempt of Court has become inevitable.

17. Accordingly, issue show cause notice to Shri Aditya Pratap Singh, Superintendent of Police, Jabalpur to explain as to why he should not be prosecuted for committing Contempt of Court.

18. Office is directed to register a separate case and list on 20/05/2024.

19. Notices to Shri Aditya Pratap Singh, Superintendent of Police, Jabalpur shall be executed through the Director General of Police, State of Madhya Pradesh.

20. So far as the merits of the case are concerned, it is clear from the case diary which was produced in sealed cover that the Police is not taking effective steps to search out the missing person. Every time they claim that they went to Katni and verified his whereabouts but could not get any information.

21. The investigation is lacking on various aspects. However, this Court would not like to discuss in detail in order to maintain the secrecy because the way in which Police is investigating the matter gives an apprehension in the mind of the Court that somebody is there who is passing on the information to the well-wisher, relative or to the missing person himself.

22. Be that whatever it may be.

23. From the case diary, it is clear that out of 21 criminal cases registered against Kissu @ Kishore Kumar Tiwari, challan in Crime No.243/92, 270/92, 734/92 were filed during the absconsion of Kissu @

Kishore Kumar Tiwari. Crime No.243/92 was registered for offence under Section 307 of IPC in Police Station Tikuri, District Katni, Crime No.270/92 was registered for offence under Sections 224, 225, 34, 120B of IPC in Police Station Tikuri, District Katni and Crime No.734/92 was registered at Police Station Kotwali, District Katni for offence under Sections 302, 34 of IPC.

24. From the details of criminal record, it is clear that even in Crime No.3/87 registered at Police Station Kotwali, District Katni for offence under Sections 365, 302, 120B, 201, 34 of IPC even the challan number is not known to the Police. Similarly in Crime No.38/92 registered at Police Station Tikuri, District Katni for offence under Sections 307, 326, 34 of IPC, challan number and case number are also not known to Police. Similarly in Crime No.49/94 registered at Police Station Kotwali, District Katni for offence under Section 302, 307, 34 of IPC even the challan and case number are not known to the police. In Crime No.304/93 registered at Police Station Tukoganj, Indore for offence under Section 302, 34 of IPC, the challan number and case number are also not known to the Police.

25. It appears that some information was collected by Investigating Officer from District Prosecution Officer, Katni, who has informed that in Crime No.3/87, Kissu @ Kishore Kumar Tiwari was declared absconding by order dated 08.12.2021 in S.T. No.241/1987 which was registered for offence under Sections 365, 302, 120B, 201, 34 of IPC.

26. From the other details which have been given by District Prosecution Officer, it appears that for different offences mentioned at Sr. No.1 to 13 even the DPO office has no information about the said cases. Further in Crime Nos.35/92, 265/92, 266/92, 533/92, 554/92 and

49/94 Kissu @ Kishore Kumar Tiwari was acquitted by judgments dated 07/09/2017, 26/09/2017, 20/12/2017, 07/01/2020, 30/01/2018 and 30/12/2017 respectively. The Police has not tried to collect the copy of judgments to find out as to whether Kissu @ Kishore Kumar Tiwari was acquitted on merits or the witnesses had turned hostile. If the witnesses are not turning up and are not ready to depose against Kissu @ Kishore Kumar Tiwari, then whether the terror of Kissu @ Kishore Kumar Tiwari provides any ground to detain him under the provisions of National Security Act or not, has not been considered by the Police.

27. Furthermore, the police has not collected the DPRs of mobile numbers of all the relatives as well as DPRs of mobile numbers of witnesses to find out as to whether they are in touch with Kissu @ Kishore Kumar Tiwari or not?

28. From the statement of Anju Tiwari, it is clear that she is using 4 mobiles but Police has not collected the said mobile numbers.

29. There is another shocking situation which has been conveniently ignored by the Police.

30. The statement of one Ajay Pathak has been recorded in which he had stated that Kissu Tiwari had attended the engagement ceremony of his daughter in the year 2021.

31. Gopal Jaiswani has stated that Kissu Tiwari had come to Katni to attend the funeral of his father Govardhan Tiwari and has stayed with this witness for 15 days. Even the Police has not cared to collect the date of death of Govardhan Tiwari. However, it is clear from the statements of daughters of Kissu @ Kishore Kumar Tiwari that Govardhan Tiwari must have died sometime in the year 2022.

32. S.H.O. Kotwali, Jabalpur in his letter dated 21/04/2024 addressed to Collector, Katni has mentioned that whereabouts of Kissu Tiwari is not known for the last six months.

33. The Police has also recorded the statement of one Kishore Kumar Khare @ Raju Khare, who had stated that Kissu Tiwari had attended the marriage ceremony of his son which took place on 01/01/2021 and had stayed for two hours. Kissu Tiwari had attended the marriage ceremony along with his entire family and the said marriage function was also attended by all the government as well as administrative officers.

34. It is really surprising that Kissu @ Kishore Kumar Tiwari was absconding and he also attended a marriage ceremony in the presence of government and administrative officers on 01/01/2021 and stayed in the function for 2 hours still Katni Police did not arrest him in spite of the fact that he was absconding.

35. Although D.P.O. in his reply dated 09/05/2024 has stated that by order dated 08/12/2021 Trial Court had issued a perpetual warrant of arrest against Kissu @ Kishore Kumar Tiwari by declaring him absconding but it appears that warrants of arrest must have been issued prior to declaring him absconding.

36. Be that whatever it may be.

37. The Police has not tried to collect the order sheets of S.T. No.241/87 recorded by Fifth Additional Sessions Judge, Katni. Thus, it is clear that even Katni Police should have executed the perpetual warrant of arrest and it has miserably failed in doing so.

38. Furthermore, the Investigating Officer has collected certain records to show that House No.278 is recorded in the name of Smt.

Pooja Tiwari, Smt. Tapasya Tiwari and Smt. Gauri Tiwari, daughters of Kissu @ Kishore Kumar Tiwari.

39. From the record, it appears that said mutation was done by order passed in the year 2021 and at that time, Smt. Gauri Tiwari was minor and her name has been mutated through her guardian Kissu @ Kishore Kumar Tiwari. The Police has also not tried to collect the record pertaining to the mutation of names of daughters of Kissu @ Kishore Kumar Tiwari.

40. This is not the end of the matter. It is not a case where the Police has failed to search out a missing person but it appears that Jabalpur Police is not competent to search out the missing persons at all.

41. Recently a double murder had taken place in which one Railway employee and his minor son lost their life and as per the paper reporting coupled with the CCTV footage published in the newspaper, it was claimed by the Police that murder has been committed by the minor girl of deceased as well as one boy, who eloped from the place of incident after committing the offence. More than two months have passed but Police could not search out the missing two minor children. That shows the inefficiency of Jabalpur Police under the leadership of Shri Aditya Pratap Singh, Superintendent of Police, Jabalpur, who is not hesitating making false statements before the Court.

42. Under these circumstances, the Director General of Police, State of Madhya Pradesh is directed to suggest some names, who had been recently promoted to the post of D.I.G. and are posted in different Ranges so that a request can be made to Director General of Police to

withdraw all the investigation from Jabalpur Police and to handover to such senior officers.

43. Since Kissu @ Kishore Kumar Tiwari was also declared absconding in Katni and even Katni Police has miserably failed in executing the perpetual warrant of arrest in spite of the fact that Kissu @ Kishore Kumar Tiwari had not only attended a marriage function in the presence of the Government and local administration but even the names of daughters of Kissu @ Kishore Kumar Tiwari were also mutated in the records by projecting Kissu @ Kishore Kumar Tiwari as guardian of one of his minor daughter, therefore, issue notice to all the Superintendents of Police, Katni, who were posted in Katni from the year 2022. The notice to the present of Superintendent of Police, Katni be also issued.

44. The notices shall be served through Director General of Police, State of Madhya Pradesh. The Director General of Police shall also point out the names of Superintendents of Police, who were posted in Katni from the year 2020 onwards.

45. Similarly, the Director General of Police is also directed to disclose the names of all the Superintendents of Police, who were posted in Jabalpur from 23/04/2022.

46. Also issue notice to all the Police Officers holding the post of Superintendents of Police/ D.I.G. who were posted as Superintendent of Police, Jabalpur on 23/04/2022 and on subsequent dates. The notices shall be served through D.G. Bhopal.

47. From the affidavit, it appears that Superintendent of Police, Jabalpur has imposed a fine of Rs.10,000/- on Sanjay Gurjar for writing

the documents in two different inks but Superintendent of Police, Jabalpur has not verified as to whether the Talashi Panchanama was written at Katni or part of the Talashi Panchanama was written at some other place by projecting it to have been executed in Katni.

48. The Superintendent of Police, Jabalpur is also directed to explain that if a document is written at a different place and time by projecting it to have been executed at a different place and different time, then whether it would amount to creating a false document or not and whether such an act would be a criminal act or not?

49. Let an affidavit to this aspect be also specifically filed by Superintendent of Police, Jabalpur on or before 20/05/2024.

50. The Superintendent of Police, Jabalpur is also directed to point out as to whether Sanjay Gurjar who had manipulated the police diary is still in the SIT and whether he has also done any search work or not. If he is still in SIT then why he has been assigned the work of searching out the missing person in the light of report given by State Examiner of Questioned Documents.

51. List on 20/05/2024.

52. Diary in a sealed cover is returned back to Shri Swapnil Ganguly.

(G.S. AHLUWALIA) JUDGE S.M.