Madhya Pradesh High Court
Bhoop Singh vs The State Of Madhya Pradesh on 8 June, 2021
Author: Vishal Mishra
Bench: Vishal Mishra
1
The High Court Of Madhya Pradesh
WP-18937-2020
(BHOOP SINGH Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Gwalior, Dated :08.06.2021
Shri R.K. Updhyay, learned counsel for the petitioner.
Shri A.K. Nirankari, learned G.A. for for the respondents No. 1
to 3/State.
Shri Sarvesh Kumar Sharma, learned counsel for the respondents No.4 & 5.
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 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 2 The High Court Of Madhya Pradesh WP-18937-2020 (BHOOP SINGH Vs THE STATE OF MADHYA PRADESH AND OTHERS) 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 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 3 The High Court Of Madhya Pradesh WP-18937-2020 (BHOOP SINGH Vs THE STATE OF MADHYA PRADESH AND OTHERS) 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.
(Vishal Mishra) Judge LJ* LOKENDRA JAIN 2021.06.09 18:02:47 -07'00'