Madhya Pradesh High Court
Santosh Kuamr Pathak vs The State Of Madhya Pradesh on 26 June, 2015
MCRC-10540-2013
(SANTOSH KUAMR PATHAK Vs THE STATE OF MADHYA PRADESH)
26-06-2015
Shri K. N. Fakruddin, counsel for the applicant.
Shri G. S. Thakur, P.L for the State.
Heard on admission.
The applicant ha challenged the order dated 17.7.2012 passed by
the JMFC, Bhopal in R.T. No.3433/2012 whereby, the charge
under Section 509 of I.P.C and Section 67 of the I.T Act were
framed against the applicant. The applicant has also challenged
the order dated 16.7.2013 passed by the Additional Sessions
Judge, Bhopal in Criminal Revision No.623/2012 whereby, the
revision filed by the applicant was dismissed. The applicant has
also challenged the registration of the charge sheet.
Facts of the case in short are that a charge sheet has been filed
against the applicant that he sent obscene and vulgar message on mail I.D of his higher officer Smt. Jagjit Pavadia by e-mail. After considering the submissions made by learned counsel for the parties, it appears that the learned counsel for the applicant has raised the objection that an anonymous message was sent to Narcotic Commissioner Smt. Jagjit Pavadia which was sent through an e-mail I.D [email protected]. It was alleged that such mail was sent through an internet cafe of Neemuch. Smt. Priti Mane who, was Manager of that cafe has stated that she remains in the cafe from 9.30 a.m to 3.00 p.m and thereafter, 4.30 p.m to 8.00 p.m. In the period between 3.00 p.m to 4.30 p.m the cafe is managed by her husband Palash Mane. Out of 24 Officers at Neemuch, she gave a fake statement that the applicant was the person who, was visiting her internet cafe. The identification of Smt. Mane is not according to the provisions of the Evidence Act and possibility cannot be ruled out that such message was sent by someone else to a lady Narcotic Commissioner. Hence, there is no evidence and no offence is made out against the applicant. The learned counsel for the applicant has also placed his reliance upon the order passed by the Apex Court in the case of âSatish Mehra Vs. State of N.C.T of Delhi and Anot.â (AIR 2013 SC 506) in which it is held that power of the High Court under Section 482 of the Cr.P.C. can be exercised at the threshold as well as the advanced stage of trial.
After considering the submissions made by the learned counsel for the parties, especially the aforesaid submission of the learned counsel for the applicant, it appears that the respondent could establish that email was sent to a lady Narcotic Commissioner. Her I.D could be known to her subordinate Officers. It was located that the message was given through a particular internet cafe of Neemuch and the Manager of that cafe had located that out of the Narcotic Officers, it was the applicant who, was visiting her cafe and therefore, prima facie chain of circumstantial evidence appears to be acceptable. There are so many documents placed on record before the trial Court with the charge sheet which are not available before this Court. Hence at this stage, it cannot be said with certainty that no offence is made out against the applicant. Looking to the nature of the case where the charges were framed in the year 2012 at this advanced stage of the trial, it could not be proper to interfere in the proceedings of the trial Court. The law laid by Hon'ble the Apex Court in the case of Sathish Mehra (supra) is not applicable in the present case. In this context the judgment of the Apex Court in the case of âState of M.P. Vs. Surendra Koriâ [(2012) 10 SCC 155] may be referred and in the light of the judgment of Surendra Kori (supra) the petition under Section 482 of the Cr.P.C filed by the applicant Santosh Kumar Pathak cannot be accepted. Consequently, it is hereby dismissed at motion stage. Copy of the order be sent to the concerned Court for information.
(N.K. GUPTA) JUDGE