Madhya Pradesh High Court
Smt Ramobai vs The State Of Madhya Pradesh on 16 April, 2025
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2025:MPHC-GWL:8422
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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 16 th OF APRIL, 2025
WRIT PETITION No. 12631 of 2025
SMT RAMOBAI
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Yash Sharma - advocate for the petitioner.
Shri M S Jadon Ga appearing on behalf of Advocate General.
ORDER
This petition under Article 226 of the Constitution of India has been filed by
the petitioner seeking following reliefs:-
"(i) That, respondent(s) may kindly be directed to conduct the
investigation in Free and Fair manner and to file Final Report by
considering the representation preferred by petitioner (Annexure-P/1) as
expeditiously as possible in the FIR dated 21.01.2025 bearing Crime
no.32/2025 registered at Police Station- Maharajpura, District- Gwalior
(M.P.)
ii) That, Respondent may kindly be directed not to unnecessary harass
the petitioner.
(iii) Any other relief which this Hon'ble Court deems fit may also
kindly be granted."
2. Learned counsel for the petitioner submits that on 21.01.2025 an FIR
bearing crime No.32/2025 had been lodged against her and three unknown persons
by one Sonu Khan for the offence punishable under Sections 125, 296, 115(2),
351(2) and 3(5) of BNSS, 2023. Since earlier husband of the petitioner had lodged
an FIR against one Omkar Rathore, therefore, as a counter-blast this false FIR has
been registered against her. It is further submitted that the conduct of the
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Investigation Officer reflects a biased approach, hence, such action/inaction of the
Investigating Officer is a threat to a fair and impartial investigation qua the matter
and violates the basic fundamental and legal rights of the petitioner.
3. It is submitted that the petitioner had filed an application to the
Superintendent of Police raising the plea of alibi stating that she has falsely been
implicated in the Crime No.32/2025 registered at Police Station Maharajpura,
District Gwalior. According to her, there is a CCTV footage to strengthen the plea
of alibi but the police has failed to seize those CCTV footage. It is alleged that the
investigation is not being conducted in a proper manner and the plea of alibi
claimed by her was not considered by the investigating officer, thus, it is prayed
that representation Annexure P/1 filed by the petitioner may be taken into
consideration by the police authority in the course of the police investigation. The
petitioner has relied upon the judgment passed by the Division Bench of this Court
vide order dated 08.03.2017 in W.A.119/2017 (Jitendra Singh Narwariya Vs. State
of M.P. and ors.), wherein the Division Bench has directed the concerning police
authorities to consider the documents filed by the petitioner of that case in
investigation.
4. Per contra, learned counsel for the State submits that the investigation is
pending in the matter and there is no bias or prejudice against the petitioner. Thus,
prayer has been made to dismiss the writ petition filed by the petitioner.
5. Heard counsel for the parties and perused the record.
6. The Division Bench of this Court in W.A. No.119/2019 (Jitendra Singh
Narwariya Vs. State of M.P. & Ors.) decided on 08.03.2017 has held as under:-
"6. Thus investigating agency should seek to discover material/
information from all quarters for conducting free and fair investigation
to arrive at the truth.
7. The investigating agency should not forget that crime investigation is
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a probe in the dark moving from known to unknown backward in time,
conducted to achieve the sole object of arriving at the truth. In this
process the investigating agency should be receptive to all possible
sources of material / information which may assist the agency to
conclude the investigation properly. One of the sources can also be the
accused.
8. In view of the above, while upholding the order of the writ Court, this
Court directs investigating authority in crime No. 33/17 registered at
Police Station Hazira, District Gwalior to allow the petitioner / accused
to submit all such information which may assist the officer to arrive at
the truth, which if done shall be considered by the investigating agency
objectively and dispassionately without discarding it merely because of
being furnished by the accused."
7. In the light of the aforesaid order, this Court directs Investigating Officer
in Crime No.32/2025 registered at Police Station Maharajpura District Gwalior to
allow the petitioner to submit all such information/documents which may assist the
officer to discover the truth and to achieve the final goal of fair and impartial
investigation which if done shall be considered by Investigating officer objectively
and dispassionately without discarding it merely because of being furnished by the
accused.
8. With the aforesaid, this petition stands disposed of.
(MILIND RAMESH PHADKE)
JUDGE
ojha
