Madhya Pradesh High Court
Deepak Jain vs The State Of M.P. on 10 March, 2021
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
MCRC-35921-2020
Deepak Jain Vs. State of MP and others
Gwalior, Dated : 10.03.2021
Shri Vivek Kumar Mishra, Counsel for the applicant.
Smt. Uma Kushwah, Panel Lawyer for the State.
Shri Dharmendra Singh Yadav, Sub-Inspector, Investigating
Officer is present along with the case diary.
It is submitted by Shri Yadav that he went to Bombay to
investigate the matter and it has been admitted by Sukuma Export
Company Limited that the oil, which was meant to be delivered to the
complainant, is still lying with it and has not been supplied.
Accordingly, the said quantity of oil has been seized from the
possession of Friends Salt Works and Allied Industries Terminal,
Campus Kandla, Gujarat and has been handed over on supurdagi to
the same. It is further submitted that the investigation shall be
completed as early as possible without any further delay and the final
report (closure report or charge-sheet) shall be filed in compliance of
the provisions of Section 173(1) of Cr.P.C.
Shri Ramendra Singh Sengar, who was earlier investigating the
matter, has filed his reply in compliance of order dated 16.02.2021
and has admitted that he had made a statement before the Court that
he had tried to contact the suspects from his mobile phone, but in fact
that was a wrong statement and he has tendered his apology.
This explanation given by Shri Ramendra Singh Sengar does
2
THE HIGH COURT OF MADHYA PRADESH
MCRC-35921-2020
Deepak Jain Vs. State of MP and others
not appear to be bona fide.
Shri Ramendra Singh Sengar was directed to read out the
rojnamacha sanha dated 28.04.2020, which reads as under:-
^^izdj.k lnj esa lq[kek ,DliksVZ dEiuh ds ftEesnkj
Mk;jsDVj o vf/kdkfj;ksa ls iwNrkN ds lac/a k esa dksjksuk
egkekjh ds pyrs] iwNrkN ,oa lEidZ ugha gks ldk tks
vkbUnk jkst fd;k tkosxkA^^
Shri Ramendra Singh Sengar was directed to explain that in
what manner, he had tried to contact the suspects, then he fairly
conceded that the said rojnamcha sanha was falsely written by him.
On 27.05.2020 also, a similar rojnamcha sanha was written and it
was submitted by Shri Ramendra Singh Sengar that it appears that the
Computer Operator had wrongly prepared the print of said rojnamcha
sanha and he had signed the said rojnamcha sanha without even
going through it. However, he could not explain as to what
instructions were given by him to the Computer Operator. Further,
signing the rojnamcha sanha without going through it, cannot be
accepted because the said rojnamcha sanha was prepared on
27.05.2020and it is a very small rojnamcha sanha with three relevant lines. Thus, it is clear that the Investigating Officer was writing false rojnamcha sanha to indicate that the investigation is pending and that is why on 16.02.2021, an impression was given by the Government Officer that on various dates, the investigation has been done and the 3 THE HIGH COURT OF MADHYA PRADESH MCRC-35921-2020 Deepak Jain Vs. State of MP and others matter would be concluded as early as possible, but one thing is clear that after the rejection of the final report by the concerning Magistrate by order dated 03.09.2016, nothing was done and the misdeeds of the police officers have already been considered in detail by this Court by order dated 16.02.2021.
Be that as it may.
One thing is clear that preparing the false documents cannot be said to be a simple negligent act on the part of the police officers.
Accordingly, Superintendent of Police, District Gwalior is directed to take cognizance on the false rojnamcha sanha which were prepared by Shri Ramendra Singh Sengar and the reply which he has submitted before this Court by Document No.3533/2021 as well as the fact that even today, Shri Ramendra Singh Sengar could not explain that in what manner, he had tried to contact the suspects. On the contrary, he has admitted that rojnamcha sanha dated 28.04.2020 and 27.05.2020 were false rojnamcha sanha.
List this case on 15.03.2021 for further orders. The Superintendent of Police, District Gwalior is directed to submit his action taken report.
(G.S. Ahluwalia) Judge Abhi ABHISHEK CHATURVEDI 2021.03.10 18:41:01 +05'30'