Madhya Pradesh High Court
Ganga Singh Bhadoria vs Central Bureau Of Investigation on 12 May, 2023
Author: Sunita Yadav
Bench: Sunita Yadav
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SMT. JUSTICE SUNITA YADAV
MISC. CRIMINAL CASE No. 7265 of 2023
BETWEEN:-
1. GANGA SINGH BHADORIA S/O LATE SHRI
KEDAR SINGH BHADORIA, AGED 70
YEARS, OCCUPATION RETIRED CLERK,
MPSRTC, R/O 369, C.P. COLONY, MORAR,
GWALIOR
2. ADITYA SINGH BAHDORIA S/O SHRI
RAVINDRA SINGH BHADORIA, AGED 24
YEARS, OCCUPATION- STUDENT, R/O 369,
C.P. COLONY, MORAR, GWALIOR
........PETITIONERS
(BY SHRI PURUSHOTTAM RAI WITH SHRI
SURESH AGRAWAL- ADVOCATE )
AND
1. CENTRAL BURAU OF INVESTIGATION,
SC-III, NEW DELHI
2. SUPERINTENDENT OF POLICE GWALIOR,
CITY CENTRE, GWALIOR.
3. TOWN INSPECTOR, POLICE STATION
MORAR, MORAR, GWALIOR
4. PROSECUTRIX, CRIME NO.87/2021,
POLICE STATION MORAR, MORAR,
DISTRICT GWALIOR (M.P.)
........RESPONDENTS
(BY SHASHANK INDAPURKAR-
ADVOCATE FOR RESPONDENT
NO.1/CBI & SHRI ANIL KUMAR MISHRA
WITH SHRI RAVI BALLABH TRIPATHI-
ADVOCATE FOR THE RESPONDENT
NO.4)
Signature Not Verified
Signed by: VIPIN KUMAR
AGRAHARI
Signing time: 13-05-2023
10:12:59 AM
2
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Reserved on : 27.04.2023
Pronounced on : 12.05.2023
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This petition having been heard and reserved for orders, coming on for
pronouncement this day, the Court pronounced the following:
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ORDER
By invoking inherent power of this Court, present petition has been preferred by the petitioners u/S.482 of Cr.P.C. for a direction to CBI to complete the investigation in a time bound manner, quashing the FIR dated 31.01.2021 in crime no.87/2021 registered at Police Station Morar, District Gwalior (M.P.), confirmation of final report filed by the CBI on 26/08/2022 in favour of the petitioners and for setting aside the order dated 23.11.2022 passed by Exclusive Special Judge, POCSO Act, 2012, District Gwalior (M.P.) in case No.SSC/268/2022 and for transferring the case from the court of Exclusive Special Judge, POCSO Act.
2. The case of the petitioners is that on 28.9.2017 an FIR bearing crime no.750/2017 was lodged by the petitioner no.1 for the offence punishable u/Ss.302, 307, 147, 148, 149, 323, 325 of IPC against the accused persons namely, Rajesh Sharma, Sonu @ Sandeep, Bholu @ Gautam Sharma, Shubham @ Shyam Sunder, Lakhan @ Ram Lakhan, Anil Dubey, Roshan, Pappu @ Mata Prasad and Nanda due to murder of his son Sanjay Singh Bhadoria. After investigation, charge-sheet was filed before the competent Court and the case was committed for trial before the 8 th ASJ, Gwalior and the same is pending in consideration bearing ST No.93/2018. During the COVID-19 pandemic, the accused persons were released on bail in the year, 2018 and tried for compromise and had offered an amount of Rs.50 Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 13-05-2023 10:12:59 AM 3 lakhs. However, when the petitioner no.1 refused to give false evidence or to turn hostile, they had given threat to implicate the petitioner and other eye-witnesses in a false case too. Thereafter, the petitioner no.1 lodged an FIR, bearing crime no.252/2019 for the offence punishable u/Ss.195-A, 506/34 of IPC against the accused persons namely, Rajesh Sharma, Shivam @ Shyam, Pappu @ Mata Prasad and Mamta Sharma.
3. Further the case of petitioners is that when they refused to give false evidence or to turn hostile then one woman/the prosecutrix was planted for preparing false case of rape against the petitioner no.2 who is an eye- witness in crime no.750/2017. Upon the report of prosecutrix, this false case has been registered against the petitioners punishable u/Ss.376, 506 of IPC, Section 3(2)(va), 3(1)(w)(ii) of SC/ST Act.
4. The further case of petitioner is that one Ashish Jatav who is cousin of the prosecutrix filed a habeas corpus petition alleging that the parents of the prosecutrix were detained by the Police Authorities and the prosecutrix had been detained in the 'One Stop Centre'. Allegations were made against the police officers. The parents of the prosecutrix also filed a writ petition bearing W.P. No.5321/2021making serious allegations against the police authority. The above writ petition was came up for hearing before coordinate bench of this court and on 23.06.2021 the matter was directed to be transferred to CBI for investigation.
5. The record reveals that the CBI investigated the matter as directed above and after investigation submitted its closure report on 26/08/2022 and prayed for action u/S.182/211 of IPC against the complainant and others namely, prosecutrix, Ramveer Sharma, Sandeep Sharma, Lakhan Sharma and Pappu Sharma. The learned Special Judge, POCSO Act, Gwalior found that the CBI has not conducted the proper investigation in respect to certain aspects and by its order impugned directed the CBI for Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 13-05-2023 10:12:59 AM 4 further investigation on four points. The Court also took cognizance and issued arrest warrant against the petitioners. Thus, the present petition is filed.
6. Learned counsel for the petitioners argued that once the CBI had found that the prosecutrix had lodged the false FIR against the petitioners and no case is made out against them, more so, closure report had been submitted by the CBI, therefore, the order passed by Special Judge in respect to issuance of arrest warrant against the petitioners is arbitrary and contrary to law. It is further argued that the part of impugned order dated 23/11/2022 (Annexure P/I) passed by Special Judge, POCSO Act, District Gwalior be set aside and the FIR bearing crime no.87/2021 may be quashed.
7. On the other hand learned counsel for the respondent vehemently argued to dismiss the petition.
8. Heard and perused the record.
9. The perusal of record shows that by filing instant petition, the petitioners have sought following reliefs:
I. The part of impugned order dated 23.11.2022 (Annexure P-I) by Special Judge POCSO Act, District Gwalior in Special Sessions Case No. 268/2022 whereby warrant have been issued against the petitioners be set aside.
II. The CBI be directed to complete further investigation in reasonable time.
III. The matter be transferred from Special Judge POCSO Act to Learned Sixth Additional Sessions Judge, Gwalior. OR IV. The FIR in crime no. 87/2021 registered by police station Morar be quashed.
V. The closure report dated 26.8.2022 submitted by CBI be allowed or excepted/confirmed.
10. Thus, it is clear that the petitioners are praying for two contrary reliefs. On one hand, he has prayed for directions to CBI for further Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 13-05-2023 10:12:59 AM 5 investigation to be concluded in reasonable time and transferring the case to other Court and on the other hand, he prays to quash the FIR registered against them and to admit the closure report. So far as quashing of FIR is concerned, the record reveals that the learned court below has, after examining the documents annexed with closure report of CBI, found that certain relevant aspects of the matter are still to be investigated. The three Judges Bench of Apex Court in the case of Dharam Pal Vs. State of Haryana (2004) 13 SCC 9 : (2006) 1 SCC (Cri) 273 order dated 1.12.2004 held that the magistrate has a role to play while committing the case to the court of session upon taking cognizance on the police report submitted before him under Section 173 (2) CrPC. In the event the Magistrate disagrees with the police report, he has two choices. He may either act on the basis of the protest petition that may be filed or he may, while disagreeing with the police report, issue process and summon the accused. Thereafter, if on being satisfied that a case has been made out to proceed against the persons on column 2 of the report proceed to try the said persons, or if he was satisfied that a case has been made out which was triable by the court of session, he may commit the case to the court of session to proceed further in the matter. In view of the law laid down as above, the order of learned court below is not found to be perverse or illegal.
11. The learned court below has also rightly held that at the time of considering the closure report/final report, the evidence is not to be expected to be proved beyond all reasonable doubts, nor minute appreciation of events is required at this stage. So also, at this stage, benefit of doubt cannot be given to accused.
12. In this petition, the petitioners have also prayed that the further investigation be concluded in a time bound manner. The impugned order Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 13-05-2023 10:12:59 AM 6 the learned court below has already directed to CBI that the further investigation be concluded within a period of 15 days from the date of order. Therefore, in view of the facts and circumstances, it is directed that if the CBI has not completed further investigation in fifteen days, as directed above, it shall be completed within a period of one month from the date of this Order.
13. The petitioners also pray for transferring the case to other Sessions Court on the ground that the prosecutrix was major at the time of incident, for which he is free to file appropriate application before the concerned Sessions Judge.
14. The further relief sought by the petitioners are setting aside the warrants issued against them. However, in view of the fact that the learned Magistrate has already taken cognizance under non-bailable offences, therefore, the order of issuing warrants is also not found to be against the law or procedure.
15. Accordingly, this petition is hereby disposed of with aforesaid directions.
(SUNITA YADAV ) JUDGE vpn Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 13-05-2023 10:12:59 AM