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Madhya Pradesh High Court · body

2019 DIGILAW 411 (MP)

Gunjan Jatav v. State of M. P.

2019-06-10

G.S.AHLUWALIA

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ORDER 1. Heard on IA Nos. 2319/2019 and 2320/2019, which are the applications for urgent hearing during summer vacation. 2. For the reasons mentioned in the applications, the same are allowed. 3. This petition under Article 226 of the constitution of India has been filed in the nature of habeas corpus. Shockingly this petition depicts the inhuman and insensitive attitude of some of the police officers posted in State of M.P. 4. According to the petitioner, her minor daughter, who is aged about 16 years, has been kidnapped by respondent No. 5-Narendra and accordingly, on 15.5.2019, the FIR was lodged. On 6.6.2019 an affidavit has been filed by the petitioner, which reads as under: ¼vuqlwfpr tkfr gksus LVkEi 'kqYd eqDr½ U;k;ky;&ekuuh eŒÁŒ mPp U;k;ky; tcyiqj [k.MihB Xokfy;j McywŒihŒ uaŒ 10564@2019 Jherh xqUtu tkVo cuke eŒÁŒ 'kklu ,oa vU; 'kiFk i= 1- uke Jherh xqUtu tkVo 2- ifr dk uke Jh fot; flag 3- tkfr tkVo 4- /ka/kk x`gdk;Z 5- fuoklh xzke ykou Fkkuk cjksgh ftyk fHk.M eŒÁŒ eSa 'kiFkiwoZd lR; dFku djrh gw¡ %& 1- ;g fd esjs xkao ykou esa fnukad 30-5-2019 dks iqfyl vkbZ Fkh vkSj ,d dksjs dkxt ij esjs ifr fot; flag ds gLrk{kj djok ys xbZ FkhA ftl ij iqfyl us fnukad 26-5-2019 fy[kdj iapukek cuk;k gSA 2- ;g fd eSa fnukad 31-5-2019 dks vius ifr fot; flag ds lkFk Fkkuk flVh dksrokyh fHk.M xbZ FkhA ogka Fkkuk ÁHkkjh Jh vfuy j?kqoa'kh th feys FksA mUgksaus dgk fd vkidks ;g lykg fdlus nh gS fd vki gkbZdksVZ esa ds'k yxk nksA ds'k okfil yksA iqfyl ds fo#) ds'k yxkvksxh rks iqfyl dSls dk;Zokgh djsxhA 3- ;g fd Fkkuk ÁHkkjh Jh vfuy flag j?kqoa'kh th us fQj dgk fd iqfyl dk;Zokgh ugha djsxhA tkvks viuh yM+dh dksVZ ls ys vkvksA vkidh yM+dh odhy yk;saxs vkSj tt lkgc yk;saxsA fnukad 4-6-2019 lR;kiu eSa 'kiFkiwoZd lR; dFku djrh gw¡ fd 'kiFk i= dh dkye 1 yxk;r 3 rd okD;kr lR; gSA blesa dksbZ Hkh rF; fNik;k ugha x;k gSA fnukad 4-6-2019 5. In this affidavit serious allegations have been made against one Anil Raghuvanshi, the then SHO, Police Station City Kotwali, Bhind. In this affidavit serious allegations have been made against one Anil Raghuvanshi, the then SHO, Police Station City Kotwali, Bhind. On 6.6.2019 itself Anil Raghuvanshi, Sub Inspector, Police Station, City Kotwali Bhind, against whom serious allegations were made, was present in person and he submitted that an incorrect affidavit has been filed by the petitioner and he had assured that he would produce the corpus on 10.6.2019. Today, Mr. D.S. Bais, CSP Bhind has appeared in person and has submitted that because of certain complaints against Anil Raghuvanshi, Sub Inspector, he has been placed under suspension on 8.6.2019 and now the investigation has been handed over to one Parshuram Ahirwar, Sub Inspector, City Kotwali Bhind. Mr. Parshuram Ahirwar is also present in person, who submitted that he has got the case diary on 9.6.2019 and he is making every sincere efforts to trace out the missing corpus. 6. In the habeas corpus petition, this Court is interested in production of the missing corpus and could have ignored the affidavit filed by the petitioner, but a very disturbing news has been published in the newspaper, according to which, one minor girl aged about 10 years was raped and killed by her neighbour. However, that incident also depicts the inhuman and insensitive attitude of the police personnel. According to the paper news, when the family members of the missing girl went to the Police Station Kamla Nagar, Bhopal to lodge the FIR, then the police at the first instance refused to register the same and the family members of the missing minor girl were turned out of the police station and only after the intervention of the Counselor, the police went to the house of the missing girl and had some breakfast and later on, the dead body of 10 years old minor girl was found in a Nala situated at a distance of 20 meters from the house of the girl. If the allegations, which have been mentioned in the newspaper in respect of the offence committed within the jurisdiction of Kamla Nagar Police Station and the affidavit filed by the petitioner are considered, then the conduct of the police officers appears to be identical. It is also mentioned in the newspaper that seven police personnel posted in Kamla Nagar Police Station, Bhopal have been placed under suspension. It is also mentioned in the newspaper that seven police personnel posted in Kamla Nagar Police Station, Bhopal have been placed under suspension. The affidavit in the present case was filed on 6.6.2019, i.e. prior to the incident which had taken place in Bhopal, therefore, it cannot be said that a self imaginary and false affidavit might have been filed by the petitioner in the present case. When Mr. D.S. Bais, CSP Bhind was asked about the affidavit filed by the petitioner, then he fairly conceded that if the allegations made in the affidavit are correct, then they cannot be tolerated. However, when a specific question was put to him that as to whether he has proposed any action or any enquiry into the allegations made in the affidavit or not, then he said that he has not taken cognizance of the said affidavit so far, on the contrary, he continuously tried to convince this Court that the missing corpus would be traced out without any delay. 7. When the police officers posted in two distinct police stations are behaving in the same fashion, then the indiscipline in the State Police becomes a matter of concern. Under these circumstances, this Court feels it proper to bring the affidavit filed by the petitioner to the knowledge of the Director General of Police, State of M.P., Bhopal and the DGP, State of M.P., Bhopal is directed to file his affidavit about the action on the allegations made in the said affidavit filed by the petitioner, specifically when the said police officer has already been placed under suspension by the Police Department on different allegations of misconduct/dereliction of duties. 8. The present Investigating Officer has assured this Court that he would not leave any stone un-turned to trace out the missing corpus and prays for a week's time to enable him to produce the missing corpus. Accordingly, the case is adjourned. The respondents are directed to produce the missing corpus on the next date of hearing. List the case on 17.6.2019. The reply/affidavit of the DGP, State of M.P., Bhopal on the affidavit filed by the petitioner be filed prior to that. 9. The CSP, Bhind shall be under an obligation to communicate this order to the DGP, State of M.P., Bhopal.