Madhya Pradesh High Court
Budhiman Singh @ Budhi Singh vs The State Of Madhya Pradesh on 29 March, 2022
Author: Vishal Mishra
Bench: Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 29th OF MARCH, 2022
WRIT PETITION No. 2302 of 2022
Between:-
BUDHIMAN SINGH @ BUDHI SINGH S/O LATE
SHRI BHAGWAT SINGH , AGED ABOUT 67 YEARS,
OCCUPATION: AGRICULTURE R/O VILLAGE
RAIPUR KARCHULIAN POLICE STATION RAIPUR
KARCHULIYAN DISTRICT REWA M.P. (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI N.S. CHAUHAN, ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY VALLABH BHAWAN
BHOPAL M.P. (MADHYA PRADESH)
2. DIRECTOR GENERAL OF POLICE POLICE
H E A D Q U A R T E R S JAHANGIRBAD BHOPAL
(MADHYA PRADESH)
3. INSPECTOR GENERAL OF POLICE POLICE
H E A D Q U A R T E R S REWA ZONE (MADHYA
PRADESH)
4. SUPERINTENDENT OF POLICE R E WA DISTRICT
REWA (MADHYA PRADESH)
5. STATION HOUSE OFFICER REWA POLICE STATION
RAIPUR KARCHULIYAN DISTRICT REWA
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI RAJESHWAR RAO, GOVT. ADVOCATE )
T h is petition coming on for admission this day, the court passed the
following:
ORDER
With the consent of the parties, the matter is heard finally. In pursuance to the order passed by this Court on 08.03.2022, an affidavit of Superintendent of Police, District Rewa has been filed pointing out the fact that the hard disk having capacity of DVR installed at Police Station Raipur Signature Not Verified SAN Karchuliyan Rewa is 3 TB, which is capable of preserving the data for a period of Digitally signed by SUSHEEL KUMAR JHARIYA Date: 2022.03.31 10:55:22 IST 19 days and thereafter the data is automatically deleted and there is no technique 2 available with the Superintendent of Police (Radio), Rewa Zone, Rewa to recover the deleted data. It is pointed out that the hard disk got obtained from the police station Raipur Karchuliyan and the same was sent to the Director, Cyber Forensic Lab. M.P. Police Bhopal on 20.03.2022. The digital forensic analysis report has been received from the Director, Cyber Forensic Lab., MP Police Bhopal on 21.03.2022 which reveals that "Even on deep scan of the hard disk through VIP tool, the data of 08/01/2022 to 09/01/2022 till 11:00 AM is not available." It is pointed out that despite making best efforts to recover the data, the same is not possible. It is submitted that effective steps have been taken by the police authorities to get installed the hard disk of higher capacity enabling to save data for a longer period. It is argued that a show cause notice has already been issued to the delinquent officer on whose lapses the desires data could not be preserved. It is also pointed out that an inquiry into the matter against the delinquent employee will be completed expeditiously and in case he is found guilty, he will be punished appropriately. The affidavit submitted by the Superintendent of Police is taken on record.
As far as the present case is concerned, the present petition has been filed seeking the following reliefs:-
"7.1 To call for the entire records of the case. 7.2 To issue a writ in the nature of mandamus and direct to the respondents to be kept preserved and safe CCTV footage of the Raipur Karchuliyan police station of the date 08/01/2022 in the interest of justice.
7.3. To issue a writ in the appropriate nature and direction may issue for fresh investigation of the present crime no.0011/2022 registered at police station Raipur Karchuliyan, District Rewa MP through some other independent agency of the State or Central Government, or in alternative by some senior police officer who should be rank of Additional Director General of Police.
7.4 To grant any other reliefs/orders/directions as deem fit Signature Not Verified SAN Digitally signed by SUSHEEL KUMAR JHARIYA Date: 2022.03.31 10:55:22 IST and proper in the present facts and circumstances of the case may be 3 granted together with cost of this petition."
It is submitted that a false case has been registered against the petitioner wherein he has already been enlarged on bail. It is argued that on 08.01.2022 at about 12 PM Town Inspector police station Raipur Karchuliyan, District Rewa entered into the house of the petitioner alongwith some police officials coming on Dial 100 and they forcefully started searching of the house without there being any proper search warrant. They are not assigned any reasons for searching of the house of the petitioner. The petitioner was taken into custody and brought to the police station, however, as a CCTV camera was installed in the house of the petitioner, therefore, as per the CCTV footage and photographs, the action of the respondents police authorities was illegal. Subsequently, when the son of the petitioner went to police station and inquired about the case, he was informed that his father will be released and demanded Rs.30,000/- from the son of the petitioner. Due to non- fulfillment of the illegal demand, a false case has been registered against the petitioner at Crime No.11/2022 under the NDPS Act.
It is submitted that he has filed an application to the higher police authorities for fair investigation into the matter, but of no consequences. An application was also made to the senior police authorities alongwith all photographs and CCTV footage and was requested for preserving the data of CCTV footage of the police station for the intervening period. The Superintendent of Police has appointed one Additional Superintendent of Police to inquire into the matter and the statement of petitioner's son Prakash Singh was recorded by the same authority on 19.01.2022.
Counsel for the petitioner has drawn attention of this Court to an order dated 18.01.2022 passed by Special Judge (NDPS) Act, Rewa wherein there was a direction to the police authorities to preserve the CCTV footage of 08.01.2022 at 11:00 AM to 09.01.2022 at 11:00 AM and despite there being specific direction by the Special Judge (NDPS), the CCTV footage was not preserved by the concerning SHO. As per the report which has been submitted in pursuance to the direction given by this Court, the respondent authorities have pointed out that CCTV footage can only be preserved for a period of 19 days. The incident has Signature Not Verified SAN Digitally signed by SUSHEEL KUMAR JHARIYA Date: 2022.03.31 10:55:22 IST taken place on 08.01.2022 and the period of 19 days will lapse on 27.01.2022. In 4 such circumstances, when there was specific direction on 18.01.2022 that SHO should have preserved the CCTV footage, it has not been done by him. It appears that the same has deliberately not been done. The petitioner is levying allegation against the police authorities since very beginning. In such circumstances, he has prayed for a proper investigation from a senior police official or an independent agency. Further, he has prayed that the delinquent officer i.e. SHO and the investigating officer of the matter may kindly be punished for the gross negligence which have been done by them in not complying with the order dated 18.01.2022 and not preserving the CCTV footage of 08.01.2022 to 09.01.2022.
Per contra, counsel appearing for the State has vehemently opposed the prayer and has submitted that the investigation by a independent agency could not be directed in a causal manner, there should be rare circumstances which provide for investigation into the matter by an independent agency. There is a recovery of Onerex Couph Syrup bottles from the possession of the present applicant without there being any explanation for the same. Heavy burden is upon the petitioner that how he was in possession of the same. The matter is registered under the NDPS Act. It is fairly submitted that the matter will be investigated by some higher police official.
As far as the negligence on the part of the delinquent officer is concerned, it is contended that effective steps have already been taken by the Superintendent of Police, District Rewa and a show cause notice has already been issued to the delinquent officer. Inquiry will be conducted into the matter and appropriate action will be taken against the delinquent officer.
Heard the learned counsel for the parties at length and perused the record. From a perusal of the record, it is seen that despite there being a specific direction by the Special Judge (NDPS), Rewa on 18.01.2022 for preserving the CCTV footage from 08.01.2022 at 11:00 AM to 09.01.2022 at 11:00 AM, investigating officer or the SHO police Station Raipur Karchuliyan, District Rewa has not preserved the CCTV footage. As per the affidavit submitted by the Signature Not Verified Superintendent of Police, District Rewa, the hard disk which was installed was SAN Digitally signed by SUSHEEL KUMAR having of capacity of 3 TB and maximum period for which the CCTV footage can JHARIYA Date: 2022.03.31 10:55:22 IST be preserved is 19 days. The incident took place on 08.01.2022 and the period of 5 19 days will be completed on 27.01.2022. The CCTV footage was subsequently deleted as the same was not preserved. There is total non-compliance of the order dated 18.01.2022 on the part of the SHO as well as the Investigating officer of Police Station Raipur Karchuliyan, District Rewa.
Let an inquiry be conducted against the Investigating Officer and SHO Police Station Raipur Karchuliyan, District Rewa by a senior police official duly appointed by the Superintendent of Police, Rewa not below the rank of Additional Superintendent of Police and inquiry be completed within a period of 45 days from the date of receipt of a certified copy of this order. And if the delinquent employee is found to be guilty, then appropriate punishment be imposed.
As far as the contention to hand over the investigation to some independent agency is concerned, the same cannot be done in view of the judgments passed by the Supreme Court in larges numbers of case wherein, it is categorically held that in special circumstances and in a rare case, the handing over of investigation to an independent agency like; CID and CBI can be ordered. But in the present case, there is no special circumstances. It is only the defense of the petitioner/accused in the matter by which he is trying to establish his innocence. He is trying to take a plea of alibi in the matter, which has to be established by leading cogent evidence.
However, from the record it is clear that SHO and Investigating Officer, Police Station Raipur Karchuliyan, District Rewa have not complied with the order dated 18.01.2022 passed by the Special Judge (NDPS), Act. It appears to be gross negligence on the part IO and SHO for not even complying with the order passed by the Special Judge. In such circumstances, this Court deem it appropriate to direct the Superintendent of Police, District Rewa to hand over the investigation to some higher police official not below the rank of Additional Superintendent of Police and investigation of the matter be completed expeditiously and after completion of the investigation, the matter will be placed before the competent court by way of filing a charge-sheet. The police authorities are expected to consider all the relevant documents which the petitioner has submitted to the police authorities regarding his defense. The petitioner/accused is also entitled for fair and Signature Not Verified SAN Digitally signed by SUSHEEL KUMAR JHARIYA Date: 2022.03.31 10:55:22 IST impartial investigation. The petitioner is always at liberty to raise all his defences at 6 the time of defence evidence.
In this case some peculiar facts and circumstances exist as the investigating officer and SHO have not even complied with the order passed by the Special Judge (NDPS), Rewa. In such circumstances, this Court deem it appropriate to dispose of the writ petition giving a specific direction to the Superintendent of Police, District Rewa to comply with the aforesaid direction given by this Court regarding conclusion of the inquiry against the delinquent officers and completion of investigation expeditiously.
The writ petition stands disposed of. No order as to costs.
Let the action taken report be placed before this Court for consideration under head 'direction' in week commencing 13th of June, 2022.
(VISHAL MISHRA) JUDGE sj Signature Not Verified SAN Digitally signed by SUSHEEL KUMAR JHARIYA Date: 2022.03.31 10:55:22 IST