Research › Browse › Judgment

Madhya Pradesh High Court · body

1994 DIGILAW 846 (MP)

Nathuram Sharma v. State of M. P.

1994-11-23

A.S.TRIPATHI

body1994
JUDGMENT Heard learned counsel for the parties, and perused the record. The applicants Nathulal Sharma and Babulal are involved in a case Crime No. 131/94 u/Ss. 420, 467 and 468 of the IPC, of P.S. Padav, District Gwalior. According to the allegations made by the prosecution, the applicants are said to have forged the bus permit and were plying the bus without the permit. Some other allegations are also made. Asimilar F.I.R. was lodged at P.S. Lahar, District Behind and a case, at Crime No. 252/93 under the same sections was also registered against the applicants in that police station on the report of one Ramakant Asthana, in respect of the same bus bearing No. MPW 8306. The matter was being investigated by Lahar police in the same matter. Another F.I.R. was also lodged at P.S.P. Padav, District Gwalior against the same applicants and applicant Nathuram Sharma is again wanted by Padav police in the same matter. A prayer has been made by the petitioners that the investigation which has· been started by Padav police be transferred to Lahar police so that the investigation may be done expeditiously at one place. Admittedly, the second F.I.R., lodged in P.S. Padav, District Gwalior was in the same matter in respect of the same forgery of the papers regarding the aforesaid bus on the report of Ramakant Asthana. The matter was already being investigated by L1har police, as such it is expedient in the interet of justice that the investigation of the same matter be done by one agency at one place. Duplication of investigation may lead to contradictory reports and harassment of the applicants. The contradictory reports may create complications in the case which is never the intention of the legislature under the Code of Criminal Procedure. Therefore, the investigation in one matter has to be done at one place by one agency. Therefore, the petition is allowed. It is directed that the investigation of the matter be done by Lahar police, at District Bhind, in accordance with law. The papers so connected by police of Padav, District Gwalior, till date, shall also be sent to the police Lahar, District Bhind for their convenience and necessary steps to be taken for further investigation in the matter. It is directed accordingly. A typed copy of this order be given to Shri M.K. Jain, Dy. The papers so connected by police of Padav, District Gwalior, till date, shall also be sent to the police Lahar, District Bhind for their convenience and necessary steps to be taken for further investigation in the matter. It is directed accordingly. A typed copy of this order be given to Shri M.K. Jain, Dy. G.A., as prayed and certified copy be given to the counsel for the applicants, today, as prayed, as per rules.