Madhya Pradesh High Court
Ravindra Rajawat vs The State Of Madhya Pradesh on 21 March, 2018
THE HIGH COURT OF MADHYA PRADESH
WP-5915-2018
(RAVINDRA RAJAWAT Vs THE STATE OF MADHYA PRADESH)
Gwalior Bench, Dated: 21/03/2018
Shri Atul Gupta, learned counsel for petitioner.
Shri A.K. Nirankari, learned Government Advocate for
respondents/State.
The present petition has been preferred by the petitioner seeking relief in the nature of direction to respondent No.2/Superintendent of Police, Gwalior to conduct fair and impartial enquiry in Crime No. 96/2018 registered at Police Station, Padav, District Gwalior with a further direction to record the statement of Rahul under Section 164 of Cr.P.C who happen to be petitioner's son.
Precisely stated facts of the case are that petitioner who happens to be father of Rahul and Rahul has been arrested by the Police in murder case vide Crime No. 96/2018 registered at Police Station Padav, District Gwalior for alleged offences under Sections 302, 307, 147, 148 and 149 of IPC. It is the case of the petitioner that since 2013 petitioner and his son Rahul were tried to be falsely implicated in some other criminal matter also, in which his son has been released on bail. They are not involved in any criminal activity, but police intends to falsely implicate the son of the petitioner in murder of one Abhishek Singh, in which FIR has been registered as referred above. Complainant Raghwendra who is brother of the deceased has lodged the FIR, in which name of his son is not mentioned, but still police is trying to implicate Rahul and therefore, he wants, statement of Rahul under Section 164 of Cr.P.C be recorded.
Learned counsel for the respondents/State opposed the prayer made by the petitioner and submits that no case exist on the ground claiming such reliefs. He further submitted that son of petitioner i.e. Rahul has been arrested by the Police.
Learned counsel for the petitioner has also affirmed the said fact.
THE HIGH COURT OF MADHYA PRADESH WP-5915-2018 (RAVINDRA RAJAWAT Vs THE STATE OF MADHYA PRADESH) Heard on admission.
Petitioner, in the petition has sought the following reliefs:-
1. That, to direct the respondent No. 2 to himself conduct fair and impartial enquiry in the present matter registered at Police Station Padav, District, Gwalior at Crime No. 96/2018.
2. That, the authorities may be directed to get the section 164 of Cr.P.C. Statement of Rahul be recorded.
3. That, any other writ, order or direction as this Hon'ble Court deems fit may be passed.
From perusal of the reliefs claimed in the petition, relief No.1. is general in nature. No doubt to carry out the investigation in fair and impartial manner is the duty of the respondents and in this case there is no exception to this rule. Therefore, it is expected from the Police Authorities that the investigation shall be conducted in fair and impartial manner.
As far as other reliefs are concerned, matter is at investigation stage, where son of the petitioner is also arrested. He might be arrested on the pretext of being accused/probable accused and such fact will only be unfolded when the investigation is completed. He will be interrogated and confronted with the other accused in accordance with law. It would amount to pre-empt the investigation, if direction is given to investigate in a particular manner. Scope of judicial review does not warrant to direct the investigation to be conducted in a particular manner. Police authority is best suitable authority in this regard who will take appropriate decision in accordance with law and fact situation. Therefore, relief No. 2 as claimed by the petitioner cannot be awarded. No case for interference is made out, wherein investigation can be interfered with at this stage.
Petition sans merits, admission declined and is hereby dismissed.
(Anand Pathak) Judge Lj*/-
Digitally signed by LOKENDRA JAINDate: 2018.03.22 18:04:57 +05'30'