Madhya Pradesh High Court
Rakesh Chand Dwidevi vs The State Of Madhya Pradesh on 11 November, 2024
Author: Gurpal Singh Ahluwalia
Bench: G. S. Ahluwalia
NEUTRAL CITATION NO. 2024:MPHC-GWL:19575
1 MCRC-47512-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE G. S. AHLUWALIA
ON THE 11th OF NOVEMBER, 2024
MISC. CRIMINAL CASE No. 47512 of 2024
RAKESH CHAND DWIDEVI
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Nirmal Sharma, Advocate for the applicant.
Shri Ajay Kumar Nirankari, Government Advocate for the
respondent/State.
ORDER
This application, under section 482 of the Cr.P.C. (S.528 of BNSS) , has been filed seeking the following reliefs:
"Thus, prayed that, this Hon'ble Court may kindly be pleased to allow this Petition and the proceedings under Section 82 and 83 of the Code of Criminal Procedure may kindly be initiated against the absconding accused in the interest of justice"
2. It is submitted by counsel for the applicant that applicant has lodged an FIR on 25/07/2024 for the offences under sections 420 of the IPC and section 66D of the Information Technology Act, 2008. However, neither Police has arrested the accused persons nor has taken action under sections 84 and 85 of the BNSS.
3. Heard, learned counsel for the applicant.
4. The person against whom the applicant wants the proceedings under sections 84 and 85 of the BNSS has not been impleaded. Furthermore, the Signature Not Verified Signed by: ANAND SHRIVASTAVA Signing time: 11/12/2024 3:29:50 PM NEUTRAL CITATION NO. 2024:MPHC-GWL:19575 2 MCRC-47512-2024 Supreme Court in the case of D.Venkatasubramaniam and others Vs. M.K.Mohan Krishnamachari and another ((2009)10 SCC 488), has held as under:-
"31. The High Court, without recording any reason whatsoever, directed the police that it is obligatory on their part to record statements from witnesses, arrest, seizure of property and filing of charge sheet. It is difficult to discern as to how such directions resulting in far reaching consequences could have been issued by the High Court in exercise of its jurisdiction under Section 482 of the Code. The High Court interfered with the investigation of crime which is within the exclusive domain of the police by virtually directing the police to investigate the case from a particular angle and take certain steps which the police depending upon the evidence collected and host of other circumstances may or may not have attempted to take any such steps in its discretion.
32. It is not necessary that every investigation should result in arrest, seizure of the property and ultimately in filing of the charge sheet. The police, in exercise of its statutory power coupled with duty, upon investigation of a case, may find that a case is made out requiring it to file charge sheet or may find that no case as such is made out. It needs no reiteration that the jurisdiction under Section 482 of the Code conferred on the High Court has to be exercised sparingly, carefully and with caution only where such exercise is justified by the test laid down in the provision itself.
33. Yet another aspect of the matter, the appellants have not been impleaded as party respondents in the criminal petition in which the whole of the allegations are levelled against them. The High Court never thought it fit to put the appellants on notice before issuing appropriate directions to the police to arrest, seize the property and file charge sheet. This Court in Divine Retreat Centre V. State of Kerala (2008)3 SCC 542) observed: (SCC p.565, para
51) "51. ...We are concerned with the question as to whether the High Court could have passed a judicial order directing investigation against the appellant and its activities without providing an opportunity of being heard to it. The case on hand is a case where the criminal law is directed to be set in motion on the basis of the allegations made in anonymous petition filed in the High Court. No judicial order can ever be passed by any court without providing a reasonable opportunity of being heard to the person likely to be affected by such order and particularly when such order results in drastic consequences of affecting one's own reputation."
(emphasis is of ours)"
5. Accordingly, no case is made out warranting interference in the investigation.Signature Not Verified Signed by: ANAND SHRIVASTAVA Signing time: 11/12/2024 3:29:50 PM
NEUTRAL CITATION NO. 2024:MPHC-GWL:19575
3 MCRC-47512-2024
6. The application fails and is, hereby dismissed.
(G. S. AHLUWALIA) JUDGE (and) Signature Not Verified Signed by: ANAND SHRIVASTAVA Signing time: 11/12/2024 3:29:50 PM