Rajveer Singh vs State Of Madhya pradesh & Anr

The brief history of this case has been considered by this Court in detail by order dated 11.4.2018, therefore, it is not being reproduced. In compliance

of order dated 11.4.2018, Mr. Pradeep Walter Town Inspector/SHO, Police Station Karera, District Shivpuri is present in person. He has also brought

the original case dairy of Crime No.332/2011 registered for an offence under Section 307, 34 of IPC and after going through the case diary, Mr.

Pradeep Walter submitted that copy of order of the Supreme Court passed in Criminal Appeal No.446/2016 dated 25.4.2016 was received by the

police station directly from the Registry of the Supreme Court on 6-6-2016, and is a part of the case dairy. Similarly, a copy of the said order of the

Supreme Court was received on 22.6.2016 from the Court of Special Judge, Shivpuri. Thus, it is fairly conceded by Mr. Pradeep Walter that the

Police Station Karera, District Shivpuri came to know about the order of the Supreme Court firstly on 6.6.2016 and secondly on 22.6.2016.

In the present case, two persons are facing investigation including the present applicant Rajveer Singh and co-accused Raghvendra Shukla, and both

are police personals and the allegations against them are that in the name of encounter, they had fired at Hakim Singh, an innocent person, and caused

gun shot injury to him. When a question was put to Mr. Pradeep Walter as to why no action was taken even after the receipt of the order of the

Supreme Court passed in Criminal Appeal No.446/2016, it was submitted by Mr. Walter that at present he is not in a position to answer the query

because he has recently joined as SHO, Police Station Karera, District Shivpuri on 10.1.2018.

Mr. Walter was asked to go through the case diary and inform this Court that whether any case diary proceeding indicate that the investigating officer

or the SHO, Police Station Karera, District Shivpuri had ever taken any steps to conduct investigation, after the receipt of the order of the Supreme

Court or not, then after going through the case diary, it was submitted by Mr. Walter, that no steps have been taken by any of the investigating officer,

to investigate into the matter.

It is submitted by Mr. Walter, that on the basis of order dated 27.2.2013 passed by this Court in M.Cr.C.No.8802/2011, the Investigating Officer had

prepared a Khatma report on 24.12.2013 but fairly conceded that neither that Khatma report was ever forwarded to Superintendent of Police nor it

was ever filed in the Court. It is fairly conceded that the Khatma report remained in the case diary itself. This Court has gone through the Khatma

report prepared by the then Investigating Officer. It is specifically mentioned in the Khatma report that in view of order dated 27.2.2013 passed by this

Court in M.Cr.C.No.8802/2011 by which this Court has quashed the FIR against the present applicant Rajveer Singh on the basis of compromise, the

further investigation is stopped/dropped. It is further submitted by Mr. Walter that since there was no order in favour of co-accused Raghvendra

Shukla, therefore, the further investigation was kept pending under Section 173(8) of Cr.P.C. against Raghvendra Shukla. Mr. Walter further admitted

that in the case diary, after 24.12.2013 there is only one diary proceeding which was written by the then Investigating Officer Bhagwan Lal on

2.2.2017, in which it was mentioned that he has gone through the case diary and the further investigation shall be done. However, it was fairly

conceded that even after 2.2.2017 nothing has been done in the matter and after 2-2-2017, not even a single case diary proceeding has been written,

which clearly indicates, that nothing was done by any investigating officer, and all of them were conveniently sitting over the investigation.

Again Mr. Walter was asked that when he joined in the police Station, Karera, District Shivpur on 10.1.2018, then why he did not take note of the fact

that the present case which was registered in the year 2011 is still pending investigation and why he did not issue any instructions to the concerning

investigating officer to conclude the investigation as per the directions of the Supreme Court? It was replied by Mr. Walter that the details of pending

cases/investigations are mentioned in the Jarayam Register maintained at Police Station Level. However, when he joined the police station, there was

no mention in the Jarayam Register pointing out the pendency of the investigation of this case, therefore, he was not aware of the fact that this case is

pending investigation and he came to know about the pendency of this investigation only after receiving notice from this Court. It is further informed

by Mr. Walter that under the instructions of the Superintendent of Police, District Shivpuri, the SDO(P), Karera, District Shivpuri has issued notices to

Bhagwan Lal, Sub Inspector who is at present posted at Police Line, Shivpuri and Shri O.P. Arya who was posted as Town Inspector, at Police

Station Karera, District Shivpuri on 6.6.2016 i.e. on the date when the order of the Supreme Court was received for the first time. It is further

submitted that the reply of these officers are still awaited, therefore, the further action shall be taken up only after the receipt of the reply of these

officers. The reply given by Mr. Walter does not appear to be very convincing and requires deeper scrutiny. However, it is equally true that no action

can be taken without giving opportunity of hearing to the delinquent officers, but since it is a case of violation of the order of the Supreme Court and

an attempt by the police officers to sit over the order of the Supreme Court in order to show undue favor and to give shelter to the police personnel

who have been made accused in FIR registered in Crime No.332/2011, therefore, merely giving a notice to the delinquent officers and asking for their

reply, would not be sufficient. In the present case, both the accused persons namely the present applicant Rajveer Singh and co-accused Raghvendra

Shukla are the police personnel and against them, the allegations are that they had fired gunshots, at the injured Hakim Singh, who was an innocent

person. Initially the FIR was quashed against the applicant on the basis of compromise. However, the said order of the High Court was set aside by

the Supreme Court by specifically mentioning that the investigation in the matter is required.

That is not the end of the matter.

The co-accused Raghvendra Shukla had also filed a petition under Section 482 of Cr.P.C. for quashment of the FIR which was registered as

M.Cr.C.No.8358/2011. However, at the time of final hearing of the said case, the order of the Supreme Court was not brought to the knowledge of

this Court but considering the allegations against Raghvendra Shukla, this Court by order dated 10.4.2017 dismissed the application filed under Section

482 of Cr.P.C. by holding that there is sufficient prima facie material against the co-accused Raghvendra Shukla warranting his prosecution under

Section 307 of IPC. This order was passed on 10.4.2017 i.e. about more than a year back. When it was enquired from Mr. Walter that whether the

copy of the order passed by this Court in M.Cr.C.No.8358/2011 is in the case dairy or not, then he submitted that the said order is not in the case dairy

and even till today, he was not aware of the fact that the application filed by the co-accused Raghvendra Shukla under Section 482 of Cr.P.C. for

quashment of the FIR has already been rejected by this Court, with an observation that prima facie there is sufficient material against the accused

persons warranting their prosecution. The Registry of this Court has informed, that by registered letter dated 17.4.2017 despatched on 26.4.2017, the

Registry had sent copy of the order of this Court to the S.H.O., Police Station Karera, Distt. Shivpuri. As the letter was properly addressed with

adequate postal charges, therefore a presumption regarding delivery of the registered letter can be drawn in view of Section 27 of General Clauses

Act. Accordingly, at present it is presumed that order dated 10.4.2017 passed by this Court in M.Cr.C.No.8358/2011 was served upon the SHO,

Police Station Karera, District Shivpuri by registered post sent by the Registry of this Court on 26.4.2017. However, since the presumption is

rebuttable, therefore, the State may rebut the same by taking necessary certificate from the Post Office.

The facts of this case depicts a very sorry state of affairs and the disobedient and hostile attitude of the police department towards the judiciary and

the law of the land. Whether the police was aware of the order dated 10.4.2017 passed by this Court in M.Cr.C.No.8358/2011 or not but one thing is

clear that Police Station Karera, District Shivpuri was very much aware of the order dated 25.4.2016 passed by Supreme Court, as the copy of the

said order was received by Police Station Karera, District Shivpuri on 6.6.2016 and 22.6.2016. The Police Station Karera, District Shivpuri was well

aware of the fact that although this Court had already quashed the FIR against the present applicant Rajveer Singh on the basis of compromise but the

order of the High Court has already been set aside by the Supreme Court in Criminal Appeal No.446/2011 and, therefore, the police is under obligation

to investigate the matter and take steps in accordance with law but instead of doing that, the Police Station Karera, District Shivpuri simply kept the

copies of the order of the Supreme Court in the case diary and did nothing. They even did not care to write the diary proceedings mentioning that the

order of the Supreme Court has been received warranting some further action on their part. Bhagwan Lal, investigating officer in its diary proceedings

dated 2.2.2017 has mentioned that he has gone through the complete case diary and, therefore, further investigation is required. Once Bhagwan Lal

has mentioned that he has gone through the case diary that means he must have read over the order of the Supreme Court but still he sat tight over

the case diary and did not take any steps. Thus, it is clear that the entire efforts of the police authorities was to save their own police officers by sitting

over the order of the Supreme Court as well as the High Court which clearly shows that the police department has no respect towards the judiciary or

towards the law of the land. High handedness of the police department cannot be tolerated. This Court on numerous occasions has held that the police

is the guardian of the citizens of India and it is their duty to uphold the majesty of law, but unfortunately they are trying to play fraud on the Courts

itself. Accordingly, Mr. Walter was enquired about the officers who were posted as SHO, in the Police Station Karera, District Shivpuri during the

intervening period.

It is submitted by Mr. Walter that Mr. P.S. Tomar was posted as Town Inspector, Police Station Karera, District Shivpuri from 27.7.2013 to

30.9.2014, Mr. Kailash Babu Arya was posted as Town Inspector, Police Station Karera, District Shivpuri from 7.10.2014 to 27.5.2015, Mr. P.P.

Mudgal was posted as Town Inspector, Police Station Karera, District Shivpuri from 27.5.2015 to 31.3.2016, Mr. Hukum Singh Yadav, was posted as

Sub Inspector, Police Station Karera, District Shivpuri from 31.3.2016 to 14.5.2016, Mr. R.S. Bhadoriya was posted as Sub Inspector, Police Station

Karera, District Shivpuri from 14.5.2016 to 31.11.2016, O.P. Arya was posted as Town Inspector, Police Station Karera, District Shivpuri from

30.11.2016 to 3.4.2017, Mr. Sanjeev Tiwari was posted as Town Inspector, Police Station Karera, District Shivpuri from 4.4.2017 to 5.1.2018 and Mr.

Pradeep Walter is posted as Town Inspector, Police Station Karera, District Shivpuri from 10.1.2018 till today.

It is further informed that Naval Singh, Sub Inspector was posted in Police Station Karera, District Shivpuri from 25.8.2014 to 13.9.2015 and he was

investigating the matter. Similarly, Bhagwan Lal, Sub Inspector was investigating the matter from 4.7.2016 to 24.9.2017. Mr. Raghvendra Yadav, Sub

Inspector was investigating the matter from 6.7.2017 to 19.1.2018 and Ms. Juli Tomar Sub Inspector has taken over the charge of the police case

diary as investigating officer from 19-1-2018.

So far as the SHOs/TIs posted in Police Station Karera, District Shivpuri are concerned, it is submitted by Mr. Walter that although in the Jarayam

Register of the year 2013, this case was shown as pending, but from the year 2014 onwards this case was never shown to be pending. The peculiar

facts of the case are that two persons were made accused in Crime No.332/2011. Although the FIR against the applicant Rajveer was quashed by

this Court by order dated 27.2.2013, therefore, for the sake of argument it can be accepted that so far as Rajveer is concerned, from 27.2.2013

nothing was pending against him but it is undisputed fact that the investigation against the other co-accused Raghvendra Shukla remained pending and

it was neither quashed nor stayed. Thus, it is clear that the FIR in Crime No.332/2011 always remained pending even after the quashment of the FIR

against Rajveer Singh/applicant. Consequently, the police personnel were wrong in not mentioning in the Jarayam Register about the pendency of this

case. As already pointed out by this Court in the earlier part of this order that since both the accused persons were police personnel and the police

authorities were out and out to give shelter and, therefore, in order to keep the investigation unnoticed from the eyes and notice of the superior

authorities, therefore it appears that the then Town Inspector/SHO, Police Station Karera, District Shivpuri in connivance with the investigating officer

decided not to reflect this case as pending in the Jarayam Register of the year 2014 and of the subsequent years. Had they mentioned that Crime

No.332/2011 is pending, then the senior police officers must have noticed this fact in the crime control meeting but this fact was deliberately

suppressed by the SHO/T.I., Police Station Karera, District Shivpuri as well as the investigating officer, therefore, the pendency of this investigation

went unnoticed by the senior police officers and thus the SHO/TI, Police Station Karera, District Shivpuri as well as the investigating officer

succeeded in giving illegal protection to the accused persons who are working in the police department itself.

According to Mr. Walter, the order of the Supreme Court was received in the police station for the first time on 6.6.2016 and on that day Mr. R.S.

Bhadoriya, Sub Inspector was posted as SHO, Police Station Karera, District Shivpuri and he remained there for a period of five months and

thereafter Mr. O.P. Arya, Town Inspector took over the charge as SHO, Police Station Karera, District Shivpuri. As Bhagwan Lal, Sub Inspector has

prepared the diary proceedings on 2.2.2017 mentioning that he has received the police case diary and he has gone through the case diary and the

investigation is to be done, it clearly shows that Mr. O.P. Arya was well aware of the order of the Supreme Court as well as of the pendency of

investigation against Raghvendra Shukla, but inspite of that, the fact of pendency of the case was not mentioned in the Jarayam Register and he

handed over the investigation to Mr. Bhagwan Lal. Mr. Sanjeev Tiwari, Town Inspector, Police Station Karera, District Shivpuri subsequently took

over the charge of Police Station Karera District Shivpuri from 4.4.2017 and he remained there till 5.1.2018 and now Mr. Pradeep Walter has taken

over the charge of SHO, Police Station Karera, District Shivpuri on 10.1.2018. It is further submitted by Mr. Walter that Mr. Bhagwan Lal remained

posted in Police Station Karera, District Shivpuri upto 24.9.2017 and thereafter he handed over the investigation to Raghvendra Yadav, Sub Inspector,

posted in Police Station Karera, District Shivpuri. At the time when the investigation was handed over to Mr. Raghvendra Yadav, Mr. Sanjeev Tiwari

was holding the charge of SHO, Police Station Karera, District Shivpuri, therefore, it is clear that even Mr. Sanjeev Tiwari was having the knowledge

that the investigation is still pending against two police personnel but even he did not take any pain to look into the matter and directly or indirectly he

provided undue help to the applicant as well as to the coaccused Raghvendra Shukla. Thereafter, Raghvendra Yadav remained in Police Station

Karera, District Shivpuri from 6.7.2017 till 19.1.2018 as investigating officer, and thereafter the investigation has been handed over to Ms. Juli Tomar,

the Sub Inspector posted in Police Station Karera, District Shivpuri and on this date, Shri Pradeep Walter was holding the charge of S.H.O., Police

Station Karera, Distt. Shivpuri.

At this stage, Mr. Walter submitted that since the investigations are handed over by the investigating officers on Beat to Beat basis without any

information to the SHO, therefore, he was not aware of the fact that investigation was pending. The explanation given by Mr. Walter cannot be

accepted. What is happening in the police station must be within the knowledge of the Town Inspector and if the Town Inspector for his own

convenience has kept his eyes closed with regard to working of his subordinate, then the Town Inspector cannot get away from his responsibility

merely by saying that after the investigating officer is transferred, then all the investigations automatically get transferred to another person. Thus, it is

clear that right from P.S. Tomar who was posted in the Police Station Karera, District Shivpuri till Mr. Pradeep Walter who is presently posted in

Police Station Karera, District Shivpuri, the police personnel have not discharged their duty either because of negligence or deliberately. At this stage,

without hearing the officers, this Court cannot give any finding that whether these officers were negligent or were part of any criminal conspiracy, but

one thing is clear that the order of the Supreme Court dated 25.4.2016 was received by the Police Station Karera, District Shivpuri for the first time on

6.6.2016 and thereafter only one case diary proceeding has been written on 2.2.2017 mentioning simply that the investigating officer, Bhagwan Lal has

gone through the case dairy and further investigation is required. Thereafter the case diary was handed over to Raghvendra Yadav who in his turn

handed over the same to Ms. Juli Tomar but neither a single diary proceeding has been written by these persons nor they have done any investigation

and they were sitting over the order of the Supreme Court as well as the order of this Court, knowingfully well that further investigation is pending but,

they deliberately did not do anything with an obvious reason to give undue favour to the police personnel/accused.

Under these circumstances, before proceeding further with the matter, it would be appropriate to issue notice to all the officers who were posted in

Police Station Karera, District Shivpuri either as SHO, Police Station Karera, District Shivpuri or were holding the case diary as the investigating

officers, so as to give them an opportunity of hearing.

Accordingly, issue show cause notice to P.S. Tomar, Town Inspector, Kailash Babu Arya, Town Inspector, P.P. Mudgal, Town Inspector, Hukum

Singh Yadav, Sub-Inspector, R.S. Bhadoriya, Sub Inspector, O.P. Arya, Town Inspector, Sanjeev Tiwari, Town Inspector and Pradeep Walter, Town

Inspector posted at Police Station Karera, District Shivpuri, to show cause as to why necessary action be not taken against them departmentally as

well as under the provisions of Indian Penal Code.

Similarly, issue notice to Naval Singh, Sub Inspector, Bhagwan Lal, Sub-Inspector, Raghvendra Yadav, SubInspector and Juli Tomar, Sub-Inspector

who had handled the investigation as the investigating officer, to show cause as to why necessary action be not taken against them departmentally as

well as under the provisions of Indian Penal Code.

The notices shall be served through the Director General of Police, State of Madhya Pradesh because the present place of posting of all the above-

mentioned police officers are not known and only the Director General Of Police, State of Madhya Pradesh, would be in a position to serve the

notices to these officers without any delay. The notices be made returnable within a period of two weeks. All these officers are directed to file their

specific reply and in case, if they fail to file the reply, then it shall be presumed that they have nothing to say in the matter.

The case diary was produced in a sealed cover. The sealed cover was opened in the Court by Mr. Walter for giving reply to the queries raised by this

Court. The diary is again sealed with the signatures of the Public Prosecutor, Shri Prakhar Dhengula and Mr. Pradeep Walter. The sealed case diary

shall be kept by the SHO, Police Station Karera, District Shivpuri and it will be the personal responsibility of Mr. Pradeep Walter to ensure that no

manipulation is done in the case diary.

From the case diary, the following facts have emerged :

On 24-12-2013, the investigating officer, had prepared a Khatma Report in respect of the applicant Rajveer Singh, on the basis of the order dated

27-2-2013 passed by this Court, in M.Cr.C. No. 8802/2013.

Although the investigation was pending against the coaccused Raghvendra Shukla, but no investigation was done. 3. The Copy of the order dated

25-4-2016 passed by Supreme Court in Cr.A. No. 446/2016, was received by S.H.O., Police Station Karera, Distt. Shivpuri, firstly on 6-62016 and

secondly on 22-6-2016.

No case diary proceeding was written, mentioning the receipt of the copy of the order of the Supreme Court.

Only one case diary proceeding i.e., on 2-2-2017 was written by Bhagwan Lal, mentioning that he has gone through the case diary, and

investigation is to be done.

This Court by order dated 10-4-2017, dismissed the application filed by the co-accused Raghvendra Shukla in M.Cr.C. No. 8358/2011.

The Registry of this Court, sent the copy of the order of this Court to the S.H.O., Police Station Karera, Distt. Shivpuri by letter dated 17-4-2017

which was despatched on 26-42017.

There is nothing in the Police Case, indicating the receipt of the order of this Court, however, in view of Section 27 of General Clauses Act, a

presumption can be drawn that the copy of the order of this Court, which was sent by registered post and was properly addressed and was adequately

stamped, was received by the S.H.O., Police Station Karera, Distt. Shivpuri.

Even in the Jarayam Register of the Police Station Karera, Distt. Shivpuri, this case was not shown pending from the year 2014, which was

contrary to record.

Even after the order of the Supreme Court, as well as the order of this Court, the police has not done anything in the matter and the matter was

not investigated even for a single day and only one case diary proceeding dated 2-2-2017 was written after 6-6-2016 i.e., after the receipt of the order

of the Supreme Court.

 As detailed reply has been given by Mr. Walter in the Court after going through the case diary which have been mentioned in detail in the earlier

part of the order, and have been summarized in this paragraph, therefore if at a later stage, if any deviation/manipulation is found, then Mr. Walter

himself would be personally responsible for the same.

The State is also directed to file a separate reply clarifying the above mentioned situation. Needless to emphasis, that the reply of the State must be

supported by an affidavit of an officer not below the rank of Superintendent of Police.