Madhya Pradesh High Court
Anirudh Vishnoi vs The State Of Madhya Pradesh on 18 January, 2024
Author: Chief Justice
Bench: Ravi Malimath, Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAVI MALIMATH,
CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 18 th OF JANUARY, 2024
WRIT PETITION No. 24697 of 2023
BETWEEN:-
ANIRUDH VISHNOI S/O SHRI SUBHASH VISHNOI, AGED
ABOUT 29 YEARS, OCCUPATION: FARMER, R/O H. NO
84/2, POST DHANWADA, WARD NO.1, KHIRKIYA,
SARANGPUR, DISTRICT HARDA (MADHYA PRADESH)
.....PETITIONER
(BY SHRI ANSHUL TIWARI - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY HOME DEPARTMENT
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
2. DIRECTOR GENERAL OF POLICE, POLICE
HEADQUARTER, BHOPAL (MADHYA PRADESH)
3. INSPECTOR GENERAL OF POLICE, DIVISION
NARMADAPURAM (MADHYA PRADESH)
4. THE SUPERINTENDENT OF POLICE, DISTRICT
HARDA (MADHYA PRADESH)
5. POLICE STATION HARDA, THROUGH ITS STATION
HOUSE OFFICER, DISTRICT HARDA (MADHYA
PRADESH)
6. JAY PRAKASH VISHNOI, S/O NOT KNOWN R/O
BEDAGAON TEHSIL AND DISTRICT HARDA
(MADHYA PRADESH)
.....RESPONDENTS
Signature Not Verified
Signed by: PREMSHANKAR
MISHRA
Signing time: 1/19/2024
11:11:07 AM
2
(BY SHRI S.S. CHAUHAN - GOVERNMENT ADVOCATE FOR
RESPONDENTS NO.1 TO 5/STATE)
This petition coming on for orders this day, Hon'ble Shri Justice Ravi
Malimath, Chief Justice passed the following:
ORDER
This petition is filed seeking for a writ of habeas corpus to seek production of corpus namely Deepika Vishnoi.
2. Status report was filed by the State on 04.10.2023. Second status report was also filed on 17.10.2023. They have stated that upon enquiry from the mobile company it was found that IP address of the mobile from which the Instagram ID of the corpus was operated and message was sent to Anirudh Vishnoi, said mobile belonged to one Deepak Vishnoi. Anirudh Vishnoi is petitioner herein. Therefore, they have sated in paragraphs 1 to 6 as follows:-
"1. The instant writ petition in the nature of Habeas Corpus which has been filed by the petitioner herein who is the mother of the corpus for tracing out the corpus namely Deepika Vishnoi, D/o Late Mahesh Vishnoi.
2. That vide order dated 25/09/2023 this Hon'ble Court was pleased to direct to furnish the Status report with regard to the message filed in the instant petition. That the enquiry was done from M/s Meta Platforms Inc, Menlo Park, CA, the information exchange platform for Instagram. A copy of the notice dated 26/09/2023 is marked as Annexure-R/1.
3. That the information was received from the said organization and the IP address were sent. A copy of the information received is marked as Annexure-R/2. That upon enquiry from JIO company it was known that the IP address of the mobile from which the Instagram ID of Deepika Vishnoi was operated and message was sent to Anirudh Vishnoi belonged to Deepak, S/o Mahesh Vishnoi.
4. That the statement of Deepak, S/o Mahesh Vishnoi was taken. He in his statement deposed that he has a mobile which has IMEI no.860489069955718, 860489069955700 from which he operates the JIO SIM no.7987096140, he submitted that the SIM is in his name and he himself uses it. Anirudh Vishnoi is known to him since his childhood and is his childhood friend.Signature Not Verified Signed by: PREMSHANKAR MISHRA Signing time: 1/19/2024 11:11:07 AM 3
Deepak Vishnoi in his statement also deposed that Anirudh is related to the Deepika Vishnoi and Deepika is also known to him. Since Anirudh Vishnoi is his Childhood friend, they use each other social media accounts. That Anirudh Vishnoi on 22/09/2023 borrowed my phone and after sometime returned it. That on 06/10/2023 when police authorities questioned me, I checked the login on my Instagram ID and upon which I came to know that other than my two personal Instagram accounts, one other ID has been logged in on Instagram from my phone. That one of the Instagram ID was Daddyssoniya. The said ID has been logged in by the Anirudh because, I have never logged in on the said ID from my mobile phone. I do not know about the messages that have been sent by Anirudh from that Instagram ID. A copy of the statement of Deepak Vishnoi is marked as Annexure-R-3.
5. That the CDR report of the mobile phone was procured and it indicated that the statement of Deepak Vishnoi was correct.
6. That from the analysis of the material corrected by the answering respondents it is clear that the meassage from the instagram ID 'daddyssoniya' has been sent by Anirudh Vishnoi to himself on his ID."
3. The petitioner was asked to respond to the same. He has filed a reply. He has sought for unconditional apology for the act of sending a message from another person's Instagram ID. He undertakes that he will never repeat and commit such a mistake in future.
4. On considering the pleadings, we are of the view that this petition has been filed with malafide intention. There is absolutely no intention of the petitioner to seek the custody of the corpus. The entire incident appears to be stage- managed by the petitioner seeking only to cause disrespect and damage to the respondents. Further, it does not appear to be bonafide. The petitioner has submitted that in order to show his bonafides, as a token of his apology for having committed such a blunder, he is willing to pay cost of Rs.50,000/-.
5. We do not find that the payment of cost would be sufficient. However, in view of the apology submitted, the request of the petitioner is accepted. He will Signature Not Verified Signed by: PREMSHANKAR MISHRA Signing time: 1/19/2024 11:11:07 AM 4 deposit the cost of Rs.50,000/- with the M.P. High Court Bar Association (SB A/c No.519302010000549, IFS CODE: UBIN0551937, Union Bank of India, State Bar Council High Court Branch, Jabalpur) by 19.01.2024.
6. The writ petition is accordingly disposed off.
7. Call on 19.01.2024 to report compliance.
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
psm
Signature Not Verified
Signed by: PREMSHANKAR
MISHRA
Signing time: 1/19/2024
11:11:07 AM