Madhya Pradesh High Court
Bhoop Singh vs The State Of Madhya Pradesh on 15 December, 2021
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
Writ Petition No.18937/2020
Bhoop Singh Vs. State of M.P. and others
Gwalior, Dated:15-12-2021
Shri R.K. Upadhyay, Advocate for petitioner.
Shri Sanjay Kumar Sharma, Government Advocate for
respondents no.1 to 3/State.
Shri Sarvesh Kumar Sharma, Advocate for respondents no.4 and 5.
Shri S.S. Kushwaha, Advocate for respondent no.6.
Shri Praveen Newaskar, Assistant Solicitor General for respondents no.7 and 8.
This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:-
"i. A writ of habeas corpus may kindly be issued to release the son of present petitioner from illegal custody from respondent no.4 to 6 or any other person.
ii. An appropriate writ, order or direction may kindly be issued to respondent no.2 and 3 to produce the son of present petitioner.
Any other relief which this Hon'ble High Court deems fit in the facts and circumstances of the case may also kindly be granted."
2. The respondents no.1 to 3 were constantly filing their status report expressing their inability to trace out the corpus. The conduct of the police officials was taken note of by this Court by order dated 22/12/2020, which reads as under:-
Counsel for the State has filed the status report in the matter on 12.12.2020 along with an 2 THE HIGH COURT OF MADHYA PRADESH Writ Petition No.18937/2020 Bhoop Singh Vs. State of M.P. and others affidavit of C.S.P. Maharajpura, District Gwalior pointing out the fact that with respect to the complaint made by the petitioner, a missing complaint was lodged on 14.1.2020 as Gum Insaan No.04/2020 and thereafter the matter was taken up by the Police Authorities and several efforts were made to search the corpus. Some statements were shown to be recorded on 14.1.2020 itself and the direction was given to affix the pamphlets of the missing at several places. Along with the status report no document is being filed to show that on which places the photographs were affixed. No photographs with respect to the affixation of the aforesaid are being filed. The typed copies of some statements recorded are being filed. There is no dates mentioned in the typed copies of the statements of Ramveer Singh, Bal Kishan, Bhoop Singh and Akash Kirar. Thereafter the statement of one Rakesh Singh was recorded on 3.9.2020 and the statement of Ramveer Singh was recorded on 14.9.2020. The statement of Rajendra Singh was recorded on 3.9.2020. There is no document to demonstrate that when the direction for affixing the photographs and pamphlets were given. There is no explanation with respect to the fact that when the missing complaint was registered on 14.1.2020 then up to 3.9.2020 and on-wards what steps have been taken by the police authorities to search the corpus.
Considering the report submitted by the respondent/State, this Court is not satisfied with the status report, therefore, further seven days time is granted to file a fresh status report disclosing all the steps being taken by the police authorities from 14.1.2020 till date.
The aforesaid status report be filed positively by the next date of hearing, failing which C.S.P. Maharajpura is directed to remain present before this Court to explain the same.
List in the next week.
3THE HIGH COURT OF MADHYA PRADESH Writ Petition No.18937/2020 Bhoop Singh Vs. State of M.P. and others
3. Thereafter, the working of the police officials did not improve and accordingly, by order dated 9/3/2021, the following order was passed:-
The State has filed the status report. In the first half of the day, when the case was taken up, this Court was of the view that this status report is nothing but it is merely a farce.
Unfortunately, the Investigating Officer did not improve his working in spite of the adverse remarks passed by this Court by order dated 22.12.2020 in which this Court had elaborately considered the status report filed by the State and had expressed its displeasure.
As Shri Khot was not in a position to satisfy this Court, therefore, Mr. Ravi Prakash Singh Bhadoriya CSP, Maharajpura, District Gwalior was directed to appear before this Court who has given an affidavit in support of the status report.
In the second half of the day, when the matter was taken up again, neither the investigating officer nor Mr. Ravi Prakash Singh Bhadoriya, CSP could satisfactorily explain the efforts made by the police to search out the missing corpus. In most of the rojnamcha sanhas, it appears that since some police officers had some work in some other districts, therefore, he was also assigned the duty to make a mention in the rojnamcha sanha regarding the present case. Except mentioning that pamphlets were affixed at public place or the police personnel had moved in certain areas, nothing has been mentioned. Even there is nothing on record that for going to different districts, the police personnel had claim any TA/DA, to and fro expenses.
It is submitted by Shri Veer Singh Bahaduriya, ASI, Investigating Officer that on most of the occasions, the police personnel had gone to different districts/State on private vehicles. However, he could not explain that how 4 THE HIGH COURT OF MADHYA PRADESH Writ Petition No.18937/2020 Bhoop Singh Vs. State of M.P. and others and from which funds the traveling expenses were borne by the police personnel. Further, the Investigating Officer could not explain as to why he himself is not investigating the matter and why this investigation is being handed over to those persons who are otherwise having some work in a particular district.
The Investigating Officer as well as Mr. Ravi Prakash Singh Bhadoriya CSP, Maharajpura, District Gwalior could not submit his explanation as to why the police personnel were sent to Bhind, Morena, Faridabad etc specifically in the light of the rojnamcha sanha from which it was clear that the concerned police personnel were having some other work in other districts. Thus it is clear that the police authorities are not investigating the matter and they are just completing paper formalities.
Accordingly, Mr. Ravi Prakash Singh Bhadoriya CSP, Maharajpura, District Gwalior, is directed to produce all the documents relating to TA/DA, to and fro expenses claimed by the police officers for investigating the matter.
List this case on 10.3.2021.
4. Since the police officials had tried to project that they had gone to different cities in search of missing corpus, therefore, they were directed to file the TA/DA claims as well as the other expenses borne by them and accordingly, a status report was filed claiming that no TA/DA was claimed by them and no toll tax was paid by them and accordingly, this Court by order dated 8/6/2021 passed the following order:-
In pursuance to the earlier order dated 24.03.2021 passed by this Court, status report has been filed by the authorities before this Court for 5 THE HIGH COURT OF MADHYA PRADESH Writ Petition No.18937/2020 Bhoop Singh Vs. State of M.P. and others perusal relating to TA/DA bills and also the rojnamcha receipts.
Counsel for the State submits that all the rojnamcha receipts have been filed before this Court for perusal along with explanation of the concerning Officers. It is submitted that they have not claimed any TA/DA from the Government and the expenses were borne by themselves as they have travelled by a private vehicles.
From the perusal of the report it is seen that the explanation is giving that as he is a police authority as he was in the uniform and going on Official duty, therefore, the toll tax was not paid by them, but the aforesaid clearly goes to show that they have not paid the toll tax and appears to have evaded the tax. Even the rojnamcha receipts does not clearly show that the authorities have gone for searching the corpus. This Court has already taken note of this fact while passing order dated 09.03.2021, therefore, has directed to authorities to produce all the TA/DA bills, toll receipts and rojnamcha receipts, but no proper explanation could have been submitted by the authorities except saying that they have not claimed any TA/DA for maximum time they have travelled through private vehicle. This goes to again suspicion upon the method in which search investigation is being carried out by the police authorities. Till date the corpus is not being traced out.
In the status report submitted by the authorities on 21.02.2021, wherein, it is mentioned that the authorities have gone to Goa for searching the corpus, but the rojnamcha receipts and the documents furnished by the Goa Police clearly goes to show that the authorities have approached the Goa Police for searching some other persons-Smt. Maya and in the present case the corpus is Santosh Kirar aged about 22 years and it was categorically mentioned that he has been detained illegally by respondents No. 4 and 5. Thus, the explanation submitted by the 6 THE HIGH COURT OF MADHYA PRADESH Writ Petition No.18937/2020 Bhoop Singh Vs. State of M.P. and others authorities regarding search of corpus is unsatisfactory.
However, in the interest of justice and on the prayer made by the State counsel, further ten days' time is granted to the State authorities to produce the corpus before this Court or file the status report with respect to the search of corpus made by them. In case, they are not in a position to search the corpus, then, on the next date of hearing, they are directed to address on the question that why the investigation of the case should not be handed over to some other authorities as they have failed to investigate the matter despite of several opportunities provided to them. Accordingly, the case is adjourned.
List the case in the week commencing 21st of June, 2021.
5. Later on, when this Court realized that the police officials have miserably failed in making any sincere effort to trace out the missing corpus, then on 8/7/2021 the following order was passed:-
Latest report submitted by State is not available on record or the same is not being downloaded in PDF.
Registry to verify and place it on record. Meanwhile, State Counsel is directed to find out as to whether there is any information given to the police regarding commission of any cognizable offence qua the corpus or not ?
State counsel is also directed to address on the issue as to whether there is need to hand over the inquiry/investigation and the process of search of corpus to another more competent agency or not?
List on 15.07.2021.
6. On 15/7/2021 the following order was passed:-
7THE HIGH COURT OF MADHYA PRADESH Writ Petition No.18937/2020 Bhoop Singh Vs. State of M.P. and others Since respondents/State has failed to investigate the matter and produce the corpus, inspite of several opportunities granted to them, this Court vide order dated 08/07/2021 had directed the State counsel to address on the issue as to whether there is any need to hand over the inquiry/investigation and the process of search of corpus to another more competent agency or not?
Taking into consideration the fact that number of opportunities have been granted and status report have been filed from time to time but no concrete efforts have been made by the State to search the corpus, in these circumstances, counsel for the petitioner is directed to serve copy of the petition to the standing counsel of CBI by tomorrow who may seek instruction in the matter.
List this matter on 26/07/2021
7. Thereafter, the counsel for the petitioner was directed to implead the CBI, which was done. On 13/8/2021 the statement was made by the State counsel that the FIR has been registered against respondents no.4 and 6 on 7/8/2021 in Crime No.491/2021 by Police Station Maharajpura, District Gwalior. Thereafter, on 7/9/2021 the counsel for the CBI sought time to file reply in the matter.
8. Today, Shri Praveen Newaskar, after seeking instructions from the CBI, submitted that the CBI has no objection if the matter is handed over to it.
9. In view of the concessional statement made by Shri Praveen Newaskar, it is directed that the Superintendent of Police, Gwalior shall hand over the entire documents pertaining to efforts made by 8 THE HIGH COURT OF MADHYA PRADESH Writ Petition No.18937/2020 Bhoop Singh Vs. State of M.P. and others the police officials to trace out the missing corpus as well as the case diary of Crime No.491/2021 registered at Police Station Maharajpura, District Gwalior to the competent authority of CBI, Bhopal. The CBI is directed to take over the matter.
10. Since sufficient time would be required by the CBI to trace out the missing corpus or to investigate the matter, therefore, no useful purpose would be served by keeping this writ petition pending.
Accordingly, this petition is disposed of with a direction to the CBI to take over the investigation and to trace out the missing corpus. As and when the missing corpus is recovered, the CBI can move an application before this Court for restoration of this writ petition as well as for production of the missing corpus. Further, a liberty is granted to the petitioner to file an application for restoration of this petition in case if the CBI also fails to recover the corpus or to verify about the whereabouts of the corpus within reasonable period.
(G.S. Ahluwalia) Judge Arun* ARUN KUMAR MISHRA 2021.12.16 14:42:23 +05'30'