Madhya Pradesh High Court
Ketan Singh vs The State Of Madhya Pradesh on 18 October, 2023
Author: Vishal Dhagat
Bench: Vishal Dhagat
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
WRIT PETITION No. 19380 of 2022
BETWEEN:-
KETAN SINGH S/O SHRI DIWAN SINGH OCCUPATION:
PRIVATE SERVICE R/O HOUSE NO. 46-1 MOHAMAI KA
BAGH, BUNDELA BHAWAN, NEAR RAILWAY STATION,
TEHSIL HUZUR DISTRICT BHOPAL (MADHYA PRADESH)
.....PETITIONER
(BY SHRI SUMIT NEMA - SENIOR ADVOCATE WITH SHRI AYUSH GUPTA -
ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH ITS
ADDITIONAL CHIEF SECRETARY HOME
DEPARTMENT, VALLABH BAHWAN II BHOPAL,
(MADHYA PRADESH)
2. DIRECTOR GENERAL OF POLICE POLICE
HEAD QUARTER S SWAMI DAYANAND NAGAR
JAHANGIRABAD BHOPAL (MADHYA PRADESH)
3. COMMISSIONER OF POLICE BHOPAL
METROPOLITAN AREA MALVIYA NAGAR,
BHOPAL (MADHYA PRADESH)
4. STATION HEAD OFFICER (S.H.O.) MAHARANA
PRATAP NAGAR POLICE STATION, BHOPAL
(MADHYA PRADESH)
5. COMMISSIONER OF POLICE OFFICE OF POLICE
C O M M I S S I O N E R HYDERABAD CITY
BASHEERBAGH HYDERABAD (TELANGANA)
6. ASSISTANT COMMISSIONER OF POLICE SPECIAL
INVESTIGATION TEAM (SIT) CENTRAL CRIME
STATION (CCS) HYDERABAD, DISTRICT
HYDERABAD (TELANGANA)
7. SHRI A.R. SRINIVAS (INDIAN POLICE SERVICE:
2014) ADDITIONAL COMMISSIONER OF POLICE
Signature Not Verified
Signed by: PANKAJ NAGLE
Signing time: 10/19/2023
2:50:54 PM
2
(CRIMES AND SPECIAL INVESTIGATION TEAM)
HYDERABAD TELANGANA (EARLIER DEPUTY
COMMISSIONER OF POLICE WEST ZONE
HYDERABAD TELANGANA) (TELANGANA)
8. SHRI NAGESHWARA RAO, STATION HEAD
OFFICER / THANA IN CHARGE MALAKPET POLICE
STATION HYDERABAD (TELANGANA)
9. SHRI B. ASHOK REDDY SUB- INSPECTOR
COMMISSIONER TASK FORCE NORTH ZONE
HYDERABAD CITY POLICE HYDERABAD
(TELANGANA)
10. SHRI K. SRIKANT SUB-INSPECTOR
COMMISSIONER TASK FORCE NORTH ZONE
HYDERABAD CITY POLICE HYDERABAD
(TELANGANA)
11. SHRI K. SHEKHAR CON STAB LE HYDERABAD
CITY POLICE HYDERABAD (TELANGANA)
.....RESPONDENTS
(SHRI PRAMOD THAKRE - GOVERNMENT ADVOCATE FOR
RESPONDENTS NO.1 TO 4 AND SHRI AKASH MAL PANI - ADVOCATE FOR
RESPONDENTS NO.5 AND 6.
Reserved on : 21.09.2023
Pronounced on : 18.10.2023
This petition having been heard and reserved for orders, coming on for
pronouncement this day, the Court pronounced the following:
ORDER
Petitioner has filed this petition under Article 226 of the Constitution of India making a prayer to issue directions to the respondents No.1 to 4 to conduct an enquiry on complaints made by petitioner and to take action against respondents No.7 to 11 for illegalities committed by them in investigation of alleged crime. It is further prayed that respondents No.7 to 11 be restrained from causing further harassment to petitioner and to give directions that no coercive action be taken against petitioner pursuant to illegal investigation which Signature Not Verified Signed by: PANKAJ NAGLE Signing time: 10/19/2023 2:50:54 PM 3 is carried out by Telangana Police against petitioner.
2. Learned Senior Advocate appearing for petitioner submitted that petitioner is Assistant Professor at Sarvapalli Radhkrishna University situated at Bhopal (MP). Petitioner is permanent resident of Bhopal (MP). It is alleged that petitioner was abducted by respondents No.7 to 11, who are serving officers of State Police of Telangana. It is submitted that said respondents did not have warrant of arrest against petitioner and abducted petitioner from his residence on 11.02.2022 and kept him in illegal custody and confinement till 14.02.2021 at Police Station Malkapeth Hyderabad. It is submitted that no FIR was registered by Police Station Malkapeth against petitioner till 14.02.2021 and illegal investigation was done violating fundamental rights guaranteed to the petitioner under Articles 14 and 21 of the Constitution of India. It is submitted that on 11.02.2021 mobile phone of petitioner was snatched away by aforesaid respondents and they took him to Nagpur (Maharashtra). While he was being transported, he was abused and physically assaulted and from Nagpur he was taken away to Malkapeth. It is submitted that false number plate of vehicle i.e. MP 04 1357 was used by them and when they entered to the State of Telangana, number plate was changed. Petitioner was handcuff and he was abused and punched and kicked. False story was fabricated and FIR was registered on 14.02.2022 at Malkapeth Police Station for offence under sections 420, 465, 468, 471 read with section 34 of the IPC. FIR registered on 14.02.2022 was transferred and given new FIR No.34/2022 on 18.02.2022. Subsequent FIRs were registered at Crime No.44/2022 and 42/2022 on 28.02.2022 at Police Stations Murshidabad and Chandarghat. It is submitted that petitioner filed a complaint to police authorities at Madhya Pradesh but no action was taken as Police Department of another State was involved, therefore, Signature Not Verified Signed by: PANKAJ NAGLE Signing time: 10/19/2023 2:50:54 PM 4 petitioner has filed this petition under Article 226 of the Constitution of India for action against Officials of Police Department Telangana. It is submitted that evidence which has been collected by said respondent cannot be relied upon as investigation is vitiated due arrest of petitioner before lodging of FIR.
3. Earlier this Court on 17.03.2023 passed an interim order directing the Commissioner of Police, Bhopal to conduct inquiry regarding presence of police Officials of Telangana Police in Bhopal on 11.02.2022 and whether petitioner has been abducted by said police Officials without registration of FIR by respondents No.7 to 11. Respondent No.3 conducted an enquiry into the matter and has produced a detailed report before this Court.
4. Learned Senior Advocate for petitioner relied upon the report produced before this Court to show that respondents Officials of Telangana were present in the State of Madhya Pradesh and had abducted the petitioner illegally from the State and took him to Hyderabad. Attention of this Court is drawn to the statement of petitioner recorded on 22.03.2023. In said statement, it was stated that on of 11.02.2022 at about 9-10 pm, petitioner was walking with his friend Anand Agrawal and that time, from white innova car, four persons came and took the the petitioner forcibly inside the innova car and snatched his mobile phone. Said persons demanded Rs.20-25/- lacs from him and threatened him to implicate in a false case, if money is not paid. He was taken to near Ranjeet Hotel and thereafter, said persons took their luggage from there and took petitioner to Hyderabad via Nagpur. It is further submitted that T.I. Nageshwar Rao has abused him and he was also beaten up. He was taken to Malkapeth Police Station. Further statement of Anand Kumar Gupta (Agrawal) was read over. He has supported the versions of petitioner. It is Signature Not Verified Signed by: PANKAJ NAGLE Signing time: 10/19/2023 2:50:54 PM 5 submitted that in enquiry report, statement of one Brajesh Kumar Saini was recorded who works in reception of Ranjeet Hotel. From his record, he stated that on 11.02.2022, six persons in four vehicle came to the hotel and said persons namely Mr. B. Ashok Reddy, Yogendra, Neeraj were allotted Room No.206 in the Hotel and Room No.208 was allotted to Mr. K. Shekhar, Vishwanath and Pavan. Said persons had given their mobile Nos.9963681268 and 8885374190 in the Hotel. Said person had taken food in the hotel and left hotel in their car. They returned at night and early morning at about 3.05 am on 12.02.2022 and they took luggage with them and made payment of hotel bills. Receipts and register of Hotel Ranjeet was also pointed out in which tax invoice in name of respondents police Officials was prepared. ID submitted in the hotel is also part of the report. Some CCTV photographs were also placed on record. However, in final report, no findings were given regarding abduction of petitioner by said Police Officials.
5. Learned Senior Advocate appearing for petitioner submitted that these documents and police reports goes to show that respondents No.7 to 11 were came to Bhopal on 11.02.2022 and at night abducted the petitioner and took him to Hyderabad. When petitioner was being taken in custody by police Officials, no FIR has been registered against petitioner and there was no apprehension or ground in mind of police Officials that petitioner is involved in an offence of forgery of mark sheet. Without any FIR, petitioner has been abducted and his fundamental rights has been violated. Police does not have right to start investigation without registering FIR or preliminary information in register. Action of respondents has vitiated the entire case and evidence collected against petitioner between 11.02.2022 to 14.02.2022. Learned Senior Advocate for petitioner also referred to call records and submitted that mobile Signature Not Verified Signed by: PANKAJ NAGLE Signing time: 10/19/2023 2:50:54 PM 6 No.8885374190 of airtel was being used in Bhopal at Alisha Palace Hamidiya Road. It is also submitted that Commissioner of Police Telangana has also conducted a press conference on 14.02.2022, wherein it has been stated that petitioner has been brought from Bhopal (MP) to Hyderabad which gives credence to allegations made by petitioner. In these circumstances, prayer is made to issue directions to the Commissioner of Police to take action against erring police Officials of Talangana and further not to rely upon any evidence which has been collected by them illegally in violation of fundamental rights and police laws and rules. Prayer is also made for quashing of FIR registered against petitioner.
6. Learned Senior Advocate relied upon the judgment passed in case of Teenu and another Vs. Govt. of NCT of Delhi and Ors, W.P. (CRL) 2078/2021 [CRL.M.A. 16777/2021], Vachhalbai Vs. State of Maharashtra, 2019 SCC Online Bombay 2937, Udyami Evam Khadi Gramodyog Welfare Sanstha and another Vs. State of Uttar Pradesh and others, (2008), 1 SCC 560 and K.D. Sharma Vs. Steel Authority of India Limited and others, (2008) 12 SCC 481 to buttress his submissions.
7. Respondents No.1 to 4 denied the contentions of petitioner and submitted that same are misconceived, baseless and incorrect. There was no illegality or infirmity in action of answering respondents. Preliminary objection regarding the maintainability of writ petition was also raised and it was submitted that petitioner is having an alternative and efficacious remedies to file complaint under section 200 of the Cr.P.C. or to initiate proceedings under Section 156(3) of the Cr.P.C. It was also submitted that allegations were made against Telangana Police, which is a separate State. Deputy Commissioner Signature Not Verified Signed by: PANKAJ NAGLE Signing time: 10/19/2023 2:50:54 PM 7 Zone-II has written a letter to the Police Commissioner on 21.10.2022 and prayer was made to refer the matter to Telangana Police. In reference to said letter, no reply was given by Commissioner Telangana Police. It was submitted that petition is bereft of any substance and deserves to be dismissed.
8. Respondent No.6 Assistant Commissioner of Police, Special Investigation Team, Hyderabad filed counter affidavit on behalf of respondents No.5 to 7. It was stated that petitioner has not stated proper facts before the Court. Petitioner is accused No.1 in Crime No.61/2022 registered for offences under sections 420, 465, 468, 471 read with section 34 of the IPC at Police Station Malkapet, Hyderabad. It is submitted that petitioner along with other accused persons prepared fake educational certificates of courses B.Tech, B.Sc. M.Sc. M.Tech and PGDCA and had earned huge amount of illegal money. Information was received on 14.02.2022 at Police Station, Malkapet that one person namely Ancha Shrikanth Reddy is running a fake Educational Consultancy in the name and styled as Sree Sai Educational Consultancy situated at Hymavathi Height, Saleem Nagar, Malkapet. He was providing fake and fabricated educational certificates of Sarvepalli Radhakrishanan University, Bhopal (MP). In return, he was collecting huge amount from candidates. He informed his Superior Officers and obtained memo as there was no time to obtain search warrant as it may result in delay, two independent witnesses were called and team proceeded on spot. Ancha Shrikanth Reddy and petitioner and others were found there. Search proceedings were served to Ancha Shrikanth Reddy. He confessed that petitioner was his acquaintance and Assistant Professors of SRK University Bhopal. Said person arranged the degree of SRK University without any examination and attendance. During investigation, petitioner disclosed his identity and position in SRK, University. He confessed Signature Not Verified Signed by: PANKAJ NAGLE Signing time: 10/19/2023 2:50:54 PM 8 his guilt of arranging fake educational certificates. Chairman of University Sunil Kapoor (Accused No.2), Gopal Panda (Accused No.3), Ravindra Gupta (Accused No.4) and exam controller GG Ladda (Accused No.5) conducted meeting of SRK University and told that University is sustaining a huge losses and admissions and less in academic year and several seats are left unfilled. They hatched a plan to contact consultancies and provide educational certificates to students without examination. He came in contact with Ancha Shrikanth Reddy of Sai Educational Consultancy Malkapet, Hyderabad, Gunti Maheshwar Rao of Pride Education Academy, Mehidipatnam Hyderabad, Patwari Shasidhar of Sri Sai Educational Consultancy and other names were also mentioned. It is submitted that fake certificates were issued and money was collected between Rs.3/- lacs to Rs.1.5/- lacs depending upon the Course. Commission was paid to him by management for doing said works. Confessions were recorded and seizure Panchanama were made from Ketan Singh, Ancha Shrikanth Reddy, Dumpally Sheshank, Aluka Nishanth Reddy, Madhav Reddy and other persons. Cell phones were also seized. FIR was registered. Offences under Sections 420, 465, 468, 471 of IPC are found to be committed by accused persons in the case. Investigation Officer effected their arrest and ground of arrest was also informed. Accused persons were served by notice under section 41 of the Cr.P.C. and arrest of accused persons were imminent as they may commit further offence and to save disappearance and tampering of evidence for proper investigation of case. Accused persons were produced before the Causality Medical Officer, Gandhi Hospital, Hyderabad and they were examined by Medical Officer. Petitioner was kept in judicial custody for a period of 14 days and thereafter, he was enlarged on bail on Signature Not Verified Signed by: PANKAJ NAGLE Signing time: 10/19/2023 2:50:54 PM 9 27.04.2022 in view of judgment passed by the Apex Court in case of Arnesh Kumar Vs. State of Bihar, AIR 2014 SC 2756.
9. Allegations made in reply are false and denied. It was ascertained that petitioner was arrested at Hyderabad while he was in consultancy run by accused No.6 on 14.02.2022. Allegations of abduction or kidnapping are false, baseless and denied. It was also submitted that petitioner did not appear before the investigating agency till filing of charge sheet on Monday, Wednesday or Friday as directed and, therefore, application for cancellation of bail was filed before the Court of XII Additional Chief Metropolitan Magistrate, Hyderabad, which is pending consideration before the said Court. No fundamental rights of petitioner have been abridged. No torture or harassment was done to petitioner and he was healthy when produced before Magistrate. No injury or sign of violence was found on him. Petitioner has filed writ petition suppressing material facts to keep skeleton in closest respondents being falsely blamed on police of fundamental rights. Petitioner has not approached before the Court with clean hands, therefore, petition deserves to be dismissed.
10. The reliance was placed by Apex Court in case of Udyami Evam Khadi Gramodyog Welfare Sanstha and another Vs. State of Uttar Pradesh, (2008) 1 SCC 560, K.D. Sharma vs. Steel Authority of India Ltd and ors, (2008) 12 SCC 481, Dalip Singh VS. State of U.P. (2010) 2 SCC 114, Amar Singh Vs. Union of India and others, (2010), 2 SCC 114 and Kishore Samrite vs. State of U.P. and others (2013) 2 SCC 398. In said judgments, Apex Court has held that petitioner has approached the Court with uncleaned hands then equitable relief under section 226 of the Constitution of India cannot be granted and petition deserves to be dismissed. No case is made out for warranting interference by this Court. There was no malafide on part of Signature Not Verified Signed by: PANKAJ NAGLE Signing time: 10/19/2023 2:50:54 PM 10 respondents and they had not violated the law of land and prayer was made for dismissal of writ petition.
11. After completion of pleadings, rejoinder was filed by petitioner and it was stated that there was violation of fundamental rights, therefore, the same will prevail over alternative remedies. Reliance is placed on the judgment passed by the Apex Court in case of Harbanslal Sahnia and another Vs. Indian Oil Corporation Ltd. and another, (2003) 2 SCC 107, Whirpool Corporation Vs. Registrar of Trade Marks, (1998) 8 SCC 1) and Divine Retreat Centre Vs. State of Kerla and others reported in (2008) 3 SCC 542.
12. Heard counsel for the parties.
13. Hyderabad Police has admitted that Telangana Police was present in Bhopal but they went to Hotel Ranjeet for doing investigation in another crime at Rajgarh, however, no evidence was produced to show that they went to Rajgarh and what investigation was done by them. Aforesaid facts and circumstances of the case clearly point out that Telangana Police has not arrested petitioner at Hyderabad on 14.02.2022 from the House No.16.11.2017 Hymavathi Heights Malkapeth Area Hyderabad (Telanga) but has in-fact whisked away from Bhopal without any arrest warrant or informing the local police of Bhopal.
14. It was also alleged that Commissioner of Telangana Police has conducted Press Conference which was available on You-Tube domain in which it has been stated by him that police has arrested petitioner on 11.02.2022 but later same was removed from domain. Call detail records, failure of Telangana Police to show documentary evidence to establish presence at Rajgarh, records from Hotel Ranjeet and statement of witnesses recorded by Signature Not Verified Signed by: PANKAJ NAGLE Signing time: 10/19/2023 2:50:54 PM 11 respondent No.1 to 4 go on to show that respondents had arrested the petitioner on 11.02.2022 at Bhopal and not at Hyderabad. Respondent had also violated standard operating procedure required to be followed in case when a person outside of State is arrested. Ante dated investigation was conducted by Telangana Police and investigation done by police during raid at Hymavati Height, Saleem Nagar, Malkapeth, seizure made on 14.02.2022 and statement recorded are bad in law. Petitioner was arrested from Bhopal without there being any FIR against him or any credible information regarding commission of offence. FIR was recorded later on. He was abducted on 11.02.2022. Ante dated investigation was done on 11.02.2022 to 14.02.2022 and false seizures, Panchanma arrest was prepared by police.
15. Considering facts and circumstances of the case, writ petition filed by petitioner is partly allowed. It is directed that evidence which is collected by police after making illegal arrest of petitioner after 11.02.2022 shall not be used in evidence against petitioner in pending criminal trial. Said evidence includes memorandum of confessional statement, enquiries done of petitioner, seizure panchanama, documents seized as a result of disclosure made by Ketan Singh, articles seized, cell phone etc.
16. Learned counsel for petitioner prays for departmental and penal action against Officers of Telangana Police. Officers had acted exceeding its jurisdiction to contrary to law.
17. In view of same, Director General of Police, Telangana is free to initiate Departmental Enquiry against said Police Officers for act committed by them contrary to law.
18. With the aforesaid directions, the petition is disposed off.
Signature Not Verified Signed by: PANKAJ NAGLE Signing time: 10/19/2023 2:50:54 PM 12(VISHAL DHAGAT) JUDGE pn Signature Not Verified Signed by: PANKAJ NAGLE Signing time: 10/19/2023 2:50:54 PM