Madhya Pradesh High Court
Deepak Kumar Singh @ D.K. Singh vs The State Of Madhya Pradesh on 24 April, 2017
MCRC-5948-2017
(DEEPAK KUMAR SINGH @ D.K. SINGH Vs THE STATE OF MADHYA PRADESH)
24-04-2017
Mr. Manish Datt, learned senior counsel with Mr. Y.Soni, counsel for the applicants in M.Cr.C. No.5948/17 and 5294/17.
Mr. G.P. Singh, learned counsel in M.Cr.c. No.5683/17.
Mr. Vijay Soni, learned P.L. for the State.
These applications have been filed U/s.438 Cr.P.C. on behalf of applicants Deepak Kumar Singh @ D.K. Singh, Maheshwari Prasad Tiwari, Sunil Kumar Tiwari and R.P. Mishra in connection with Crime No.56/17 of P.S. Morwa, Distt. Singrauli for offence under Sections 419, 420, 467, 468, 471 and 120-B of I.P.C.
On the basis of complaint of one Amit Kumar Dwivedi dated 19.10.2016, the Police is stated have has registered an FIR and taken the case into investigation. The allegation in the FIR is that one Santosh Kumar Singh and Rajesh Kumar Dwivedi are stated to have approached the co-accused Amit Kumar Dwivedi and told him that as per the package deal of the Northern Coalfields Ltd. (NCL) thereby any land which is two acres or more, when acquired by the NCL, besides the compensation, one member of the family would be given employment in NCL. As Amit Kumar Dwivedi's land did not measure upto 2 acres, Santosh Kumar Singh and Rajesh Kumar Dwivedi are alleged to have told him that upon payment of Rs.9 Lacs to them, they would get the land of Ramji Singh and one Parmatma clubbed along with the land of Amit Dwivedi whereby making the same to over two acres and thereby entitling him for employment in NCL. The amount was alleged to have been paid by Amit Kumar Dwivedi to Santosh Singh and Rajesh Kumar Dwivedi and they are stated to have generated the document essential for procurement of said employment and handed it over to Amit Dwivedi. Thereafter, on the basis of the said documents, Amit Kumar Dwivedi was appointed on 26.4.2013. On 22.9.2016, there was a complaint by Ramji Singh to NCL to the effect that documents pertaining to his land have been fabricated and that he never wanted them to be acquired by NCL and therefore the benefit that accrued to Amit Kumar Dwivedi was by fraudulent means. Upon receipt of the said complaint, Amit Kumar Dwivedi was suspended on 17.10.2016 and the matter was taken into enquiry by the officials of the NCL. Subsequently, Amit Dwivedi was terminated from his service, upon which he registered the FIR aforementioned.
Upon investigation, the Police have contended that Rajesh Dwivedi and Santosh Kumar Singh are the main kingpins in this case and there are several other cases registered against them of similar nature. As regards the applicant in M.Cr.C. No.5948/17 Deepak Kumar Singh is concerned, he is the Nodal Officer with NCL and the allegation against him is that he forwarded the documents/file to the 5 member committee which is stated to have appointed co-accused Amit Kumar Dwivedi. It is undisputed by learned counsel for the State that the applicant Deepak Kumar Singh's role is limited only of having forward the file to the committee.
The allegations against applicants Maheshwari Prasad Tiwari and Sunil Kumar Tiwari in M.Cr.C. No.5294/2017 is that they are drivers of Dumpers operating with NCL and they have given an affidavit to the effect that Ramji Singh is also known as Ramji. Besides the said affidavits being executed by the applicants, no other allegation is levelled against them.
As regards the applicant R.P. Mishra in M.Cr.C. No.5683/2017, it is submitted that he is the Revenue Officer of NCL and he has been charged of having negligently forwarded the documents of Amit Kumar Dwivedi to 5 member committee without verifying the same properly. Learned counsel for the State has submitted that the applicant R.P. Mishra being the Revenue Officer, ought to have carried out a spot inspection to verify the truth. However, he did not do the same and verified the documents as genuine on the basis of which the 5 member committee passed the order giving employment to Amit Kumar Dwivedi. Learned counsel for the applicant has submitted that there was an enquiry which was carried out against the applicant and in para 3 of the enquiry report, the allegation against the applicant R.P. Mishra is that he negligently carried out the verification without comparing the signatures on the documents with the original. In his defence in the said enquiry, the applicant has stated that he is not a handwriting expert and was unable to make out the difference/ minor variation in the documents. The same notwithstanding post enquiry, the applicant R.P. Mishra has been punished by the department whereby one increment has been withheld and he has been demoted in rank. The charge against the applicant is basically that of negligence and not active connivance as per the departmental proceeding.
Looking at the facts and circumstances of the case and looking at the nature of alleged involvement of the applicants, the applications are allowed and it is directed that in the event of arrest, the applicants herein shall be enlarged on bail forthwith by the Arresting Officer upon their furnishing a personal bond in the sum of Rs.50,000/- each with a solvent surety each in the like amount to the satisfaction of the Arresting Officer.
It goes without saying that the applicants shall abide by the conditions enumerated under Section 438(2) of Cr.P.C. They shall however join the investigation as and when directed to do so by the Police.
C.C. as per rules.
(ATUL SREEDHARAN) JUDGE a