Madhya Pradesh High Court
Rakesh Sharma vs The State Of Madhya Pradesh on 26 March, 2025
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2025:MPHC-GWL:7163
1 WP-9343-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 26th OF MARCH, 2025
WRIT PETITION No. 9343 of 2025
RAKESH SHARMA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Siddharth Sharma - Advocate for the petitioner.
Shri Deepak Khot - Govt. Advocate for the State.
ORDER
The present petition under Article 226/227 of the Constitution of India
has been filed by the petitioner seeking following reliefs:
"i. direct the investigation agency / officer to conduct
free and fair investigation and to make an objective
investigation / inquiry, into the contents of the representation
(Annexure P/2); and/or
ii. Seize the CCTV Camera footages of the CCTV
cameras installed at several locations mentioned in the
Representation i.e. Annexure P-2 and make them part of the
case diary after objectively assessing the importance of the
said footages in the investigation of the criminal case arising
out of FIR No. 79/2025 dated 01/03/2025 lodged at PS. Civil
Lines, Morena, M.P.; and/ or
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iii. Seize the CDRs and/ or mobile locations pertaining
the Petitioner (accused) as well as the complainant and
witnesses to ascertain their locations on the date of incident
and make them part of the case diary after objectively
assessing it's importance in the investigation of the criminal
case arising out of FIR No.79/2025 dated 01/03/2025 lodged
at P.S. Civil Lines, Morena, M.P.; and/or
Any other relief which this Hon'ble Court deems fit in
the facts and circumstances of the case same may kindly be
granted to the petitioner."
2. Learned counsel for the petitioner has argued before this Court that
though at the very initial stage of the investigation, certain information with
regard to procuring the CCTV footage of the incident was made to the police
but till date, no such CCTV footage has been procured nor has been
preserved, also no documents have been obtained with regard to the mobile
location of the present petitioner/complainant/witnesses from the service
provider to unearth the exact crime, which is stated to have been committed
by the present petitioner.
3. While referring to the judgment of the Apex Court in the matter of
Ram Lal Narang v. State (Delhi Administration) reported in (1979) 2 SCC
322 , it was argued that though the accused has no right to have any say as
regards the manner and method of investigation and also the accused has no
participation as a matter of right during the course of the investigation of the
case instituted on a police report till the investigation culminates in filing of
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a final report, however, a duty is casted upon the investigating agency to
conduct fair and impartial investigation and if the investigator receives any
relevant information in regard to the facts of a case under investigation, be it
from the complainant informant, a witness or even the accused, the said
Investigating Officer is duty bound to investigate the aforesaid aspect, but
herein case, the information given by the present petitioner has not been
taken care of. It was, thus, prayed that the respondents may be directed to
conduct free and fair investigation and make an objective assessment to the
contents of the representation and also try to retrieve the CCTV camera
footage and if not then preserve the DBR (Design Basic Report) so that in
future, if it would be required, the data can be retrieved by the forensics.
4. On the other hand, Shri Deepak Khot - learned Govt. Advocate for
the State submits that so far as procuring the CCTV footage, as alleged by
the petitioner, the investigating agency has found that with the efflux of time,
data of CCTV footage of the date of the incident is not available and with
regard to detailing the location of the accused/complainant/the witnesses, the
petitioner has remedy under the provisions of Bharatiya Nagrik Suraksha
Sanhita, 2023 (BNSS) to move appropriate application before the
investigation agency to procure such data; thus, prayed for dismissal of the
present petition.
5. Heard counsel for the parties and perused the record.
6. In the considered opinion of this Court, although an accused has no
right of hearing at the time of the investigation, however, a duty is casted on
the investigating agency to conduct fair and impartial investigation. If the
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investigator receives relevant information in regard to the facts of a case
under investigation, be it from the complainant/informant or a witness or
even the accused, a duty is casted on the said investigating officer to
investigate as in case the investigation is select and one sided, the truth
cannot be unearthed. If facts or some evidence/material is brought to the
notice of the investigator, on consideration of which it can be demonstrated
that the accused is not connected with commission of the crime, surely in
such cases, the investigating agency would be obliged to investigate that
aspect, in the interest of fair play and purity of administration of criminal
justice. For this purpose, the information given by the accused cannot be
ignored on the analogy that he has no right to be heard. This aspect has been
considered by the Apex Court in the matter of Ram Lal Narang v. State
(supra).
7. Thus, this Court in the light of aforesaid analogy directs the
investigation agency to consider the representation of the petitioner
Annexure P/2 and investigate the matter and see, if the information given in
the said representation is found to be relevant.
8. So far as the preservation of the DBR in which the CCTV footage is
stated to have been recorded, the same is directed to be preserved by the
investigating agency.
9. Needless to mention here that for obtaining the mobile location
o f accused/complainant/the witnesses, the petitioner is directed to move
appropriate application for its preservation before the investigation agency
under the provisions of Bharatiya Nagrik Suraksha Sanhita, 2023 (BNSS).
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10. With the aforesaid observation and directions, the present petition
is disposed of.
(MILIND RAMESH PHADKE)
JUDGE
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