Madhya Pradesh High Court
Munnala Dhody vs The State Of Madhya Pradesh on 17 March, 2023
Author: Rohit Arya
Bench: Rohit Arya
(1)
IN THE HIGH COURT OF MADHYA
PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ROHIT ARYA
ON THE 17th MARCH 2023
WRIT PETITION NO.3608 of 2019
BETWEEN :-
1 KULEEP SINGH, AGED 58
YEARS, S/O LATERI SHRI
PANNALAL, OCCUPATION SUB
INSPECTOR KOTWALI,
SHIVPURI (MADHYA PRADESH).
2. ISHWAR CHAND GUPTA, AGED
63 YEARS, S/O LATE SHRI BRIJ
NANDANLAL GUPTA,
OCCUPATION RETIRED ASI, R/O
KILA ROAD, DISTRICT BHIND
(MADHYA PRADESH).
3. ARUN KUMAR SOLANKI, AGED
38 YEARS, S/O LATE SHRI CHAIN
SINGH SOLANKI, OCCUPATION
INSPECTOR, P.S. BADGONDA,
DISTRICT INDORE.
.....PETITIONERS
(BY SHRI SAURAV SINGH TOMAR - ADVOCATE)
AND
1. THE STATE OF MADHYA
PRADESH THROUGH
(2)
PRINCIPAL SECRETARY,
DEPARTMENT OF HOME,
VALLABH BHAWAN, BHOPAL
(MADHYA PRADESH).
2. THE DIRECTOR GENERAL OF
POLICE BHOPAL (MADHYA
PRADESH).
3. THE INSPECTOR/
INVESTIGATION OFFICER, CID
ZONE, OPPOSITE S.P. OFFICE,
GWALIOR (MADHYA PRADESH)
.....RESPONDENTS
(SHRI P.S. RAGHUVANSHI - GOVERNMENT ADVOCATE
FOR THE RESPONDENTS/STATE)
WRIT PETITION NO.4083 of 2019
BETWEEN :-
MUNNALAL DHODY S/O LATE SHRI
G.L.DHODY, AGED : 57 YEARS,
OCCUPATION : RETIRED, R/O VINAY
NAGAR, GWALIOR, DISTRICT :
GWALIOR (MADHYA PRADESH).
.....PETITIONER
(BY SHRI D.P.SINGH - ADVOCATE)
AND
1. STATE OF MADHYA PRADESH
THROUGH PRINCIPAL
SECRETARY, DEPARTMENT OF
HOME, MANTRALAYA,
GOVERNMENT OF MADHYA
(3)
PRADESH, VALLABH BHAWAN,
BHOPAL (MADHYA PRADESH).
2. THE DIRECTOR GENERAL OF
POLICE, POLICE HEAD
QUARTER, JAHANGIRABAD,
BHOPAL (MADHYA PRADESH).
3. THE INSPECTOR GENERAL
(COORDINATION), POLICE
HEAD QUARTER, BHOPAL
(MADHYA PRADESH).
4. SHRI S.P.SINGH, THE
INSPECTOR GENERAL,
SHAHDOL (MADHYA PRADESH).
5. THE SUPERINTENDENT OF
POLICE, DATIA, DISTRICT
DATIA (MADHYA PRADESH).
6. SHRI RAVI KANT SHUKLA, R.I.
PRESENTLY POSTED AT
JABALPUR (MADHYA
PRADESH).
7. SHRI D.R.KOLI, R.I. DATIA,
DISTRICT DATIA (MADHYA
PRADESH).
.....RESPONDENTS
(SHRI P.S. RAGHUVANSHI - GOVERNMENT ADVOCATE
FOR THE RESPONDENTS/STATE)
WRIT PETITION NO.4433 of 2019
BETWEEN :-
HARI SHANKAR RATHOR S/O SHRI
BABURAM RATHORE, AGED 58
(4)
YEARS, OCCUPATION - ASSISTANT
SUB INSPECTOR, AJK, DATIA, R/O
DATIA (MADHYA PRADESH).
.....PETITIONER
(BY SHRI S.D.SINGH - ADVOCATE)
AND
1. STATE OF MADHYA PRADESH
THROUGH PRINCIPAL
SECRETARY, HOME
DEPARTMENT, VALLABH
BHAWAN, BHOPAL (MADHYA
PRADESH).
2. DIRECTOR GENERAL OF
POLICE, BHOPAL (MADHYA
PRADESH).
3. INSPECTOR / INVESTIGATION
OFFICER, CID ZONE, OPPOSITE
S.P. OFFICE, GWALIOR.
.....RESPONDENTS
(SHRI P.S. RAGHUVANSHI - GOVERNMENT ADVOCATE
FOR THE RESPONDENTS/STATE)
WRIT PETITION NO.7364 OF 2019
BETWEEN :-
N.K.PARIHAR S/O LATE SHRI
KARAN SINGH PARIHAR, AGE 64
YEARS, OCCUPATION - RETIRED,
R/O SAGAR (MADHYA PRADESH).
.....PETITIONER
(5)
(BY SHRI PRASHANT SHARMA - ADVOCATE)
AND
1. STATE OF MADHYA PRADESH
THROUGH PRINCIPAL
SECRETARY, DEPARTMENT OF
HOME, VALLABH BHAWAN,
BHOPAL (MADHYA PRADESH).
2. STATION HOUSE OFFICER,
CRIME INVESTIGATION
DEPARTMENT, GWALIOR
(MADHYA PRADESH).
.....RESPONDENTS
(SHRI P.S. RAGHUVANSHI - GOVERNMENT ADVOCATE
FOR THE RESPONDENTS/STATE)
WRIT PETITION NO.15302 of 2020
BETWEEN :-
MANOJ KUMAR SAREAM S/O SHRI
DAKKHAN SHAH, AGED : 40 YEARS,
OCCUPATION : SERVICE - POSTED
AS S.I., R/O SHIVPURI, DISTRICT :
SHIVPURI (MADHYA PRADESH).
.....PETITIONER
(BY SHRI D.P.SINGH - ADVOCATE)
AND
1. STATE OF MADHYA PRADESH
THROUGH PRINCIPAL
SECRETARY, DEPARTMENT OF
HOME, MANTRALAYA,
(6)
GOVERNMENT OF MADHYA
PRADESH, VALLABH BHAWAN,
BHOPAL (MADHYA PRADESH).
2. THE DIRECTOR GENERAL OF
POLICE, POLICE HEAD
QUARTER, JAHANGIRABAD,
BHOPAL (MADHYA PRADESH).
3. THE INSPECTOR GENERAL
(COORDINATION), POLICE
HEAD QUARTER, BHOPAL
(MADHYA PRADESH).
4. SHRI S.P.SINGH, THE
INSPECTOR GENERAL,
SHAHDOL (MADHYA PRADESH).
5. THE SUPERINTENDENT OF
POLICE, DATIA, DISTRICT
DATIA (MADHYA PRADESH).
6. SHRI RAVI KANT SHUKLA, R.I.
PRESENTLY POSTED AT
JABALPUR (MADHYA
PRADESH).
7. SHRI D.R.KOLI, R.I. DATIA,
DISTRICT DATIA (MADHYA
PRADESH).
.....RESPONDENTS
(SHRI P.S. RAGHUVANSHI - GOVERNMENT ADVOCATE
FOR THE RESPONDENTS/STATE)
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These petitions coming on for admission this day,
JUSTICE ROHIT ARYA passed the following:
(7)
ORDER
This batch of Writ Petitions is filed seeking relief that in the light of the order passed on 20.08.2018 by the coordinate Bench of this Court in Writ Petition No.1754 of 2015, no further investigation can be permitted and the FIR and criminal proceedings cannot be sustained. Besides, relief for quashment of the order dated 22.10.2018 has been prayed.
2. This court has perused the order dated 20.08.2018passed by the coordinate Bench disposing of batch of five writ petitions leading case being Writ petition No.8615 of 2013. In para 14 of the order, the terms of the order are mentioned and quoted below :-
1. The challenge to the magisterial inquiry report Annexure P-1 submitted by the CJM district Datia dated 17.09.2013 is repelled.
2. The impugned FIR dated 22.10.2013 bearing Crime No.134/2013 registered at P.S. Jigna Distt. Datia against the petitioner is quashed.
3. Respondent No.1 or any other competent authority, as the case may be is directed to apply her/his mind on the findings against the petitioners in the magisterial report dated 17.09.2013 and pass a speaking order as to (8) whether petitioners are liable to be proceeded under the criminal law or in disciplinary proceedings within a period of 60 days from the date of receipt of copy of this order and thereafter proceed accordingly.
Indeed FIR dated 22.10.2013 at Crime No.134/2013 registered at Police Station Jigna District Datia against the petitioners is quashed. Nevertheless, the respondent No.1 therein or any other competent authority has been directed to apply her/his mind on the findings against the petitioners in the magisterial report dated 17.09.2013 and pass a speaking order as to whether petitioners are liable to be proceeded under the criminal law or in disciplinary proceedings.
3. The respondents/State in para 5.6 of the counter affidavit filed in W.P. No.3608/2019 has stated that in compliance of the said order, petitioners have been issued notices and reply has been filed. Thereafter, the order has been passed on 22.10.2018.
4. In the considered opinion of this Court, the said order is in the realm of completion of investigation, hence, no indulgence is warranted. Nevertheless, if the petitioners are of the view that even the challan can not be filed in view of Clause 14.2 of the (9) aforesaid order dated 20.08.2018, the petitioners are always free to raise the said question before the competent authority including the application for discharge or quashment of charges, if framed.
With the aforesaid, all the writ petitions are disposed of. It is made clear that this Court has not expressed any opinion on merits of the case.
A copy of this order be placed in all the connected writ petitions.
(ROHIT ARYA) JUDGE SP SANJEEV KUMAR PHANSE 2023.03.23 14:41:04 +05'30'