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2022 DIGILAW 1504 (MP)

Arun Kumar Mishra v. State of Madhya Pradesh

2022-12-13

MILIND RAMESH PHADKE, ROHIT ARYA

body2022
JUDGMENT Rohit Arya, J. - This intra-court appeal under Section 2(1) of the Madhya Pradesh Uchcha Nyalaya (Khand Nyay Peeth Ko Appeal) Adhiniyam, 2005 is directed against the impugned order passed by learned Single Judge in Writ Petition No.7097 of 2022 dated 28th November, 2022. 2. This Court though has entertained two writ appeals viz Writ Appeal No.1614 of 2022 filed at the instance of State Government wherein exception has been taken to the impugned order containing directions to pay compensation of Rs.20,00,000/- and cost of Rs.50,000/- to the dependents/ family members of the deceased Suresh Rawat allegedly died in custody. In Writ Appeal No.1615 of 2022, the Superintendent of Police Rewa and Superintendent of Police, Gwalior have approached this Court against the directions contained in the impugned order to their prejudice on the premise that investigation was transferred by the Inspector General of Police to the Superintendent of Police Shivpuri on the very next day of the alleged incident i.e. 12/08/2019 and petitioner No.1 had no role in the matter of investigation. Likewise, petitioner No.2, present Superintendent of Police, Gwalior who joined as S.P. Gwalior only in July, 2020, therefore, he was not posted at Gwalior at the time the incident took place. On such submissions, this Court has stayed the directions for payment of compensation and cost in Writ Appeal No.1614 of 2022 and has also stayed the observations and directions issued against petitioners No.1 and 2 in Writ Appeal No.1615 of 2022. However, the Director General of Police has been directed to conduct the enquiry dispassionately with utmost sincerity though without being influenced by the observations made in para 79(i) of the impugned order. 3. Today, all 06 police personnel (out of which two have retired i.e. respondents No.5 & 6) are before this Court seeking indulgence that appellants are being subjected to an enquiry that they are not responsible for the custodial death of deceased Suresh Rawat, however, learned counsel for the appellants fairly submits that all the police personnel were posted at the time of incident at the same police station. Under such circumstances, we find no reason to interfere into the enquiry conducted by the Director General of Police as directed. Under such circumstances, we find no reason to interfere into the enquiry conducted by the Director General of Police as directed. However, directions as contained in paragraph 83 of the impugned order appears to be punitive in nature and therefore, in the fitness of things, it is expedient to observe that the directions as contained in para 83 of the impugned order shall be kept in abeyance and the Director General of Police shall decide the question of suspension of appellants independently in the obtaining facts and circumstances while holding the enquiry in right earnest with promptitude. The directions contained in para 83 of the impugned order shall be subject to final outcome of the pending writ appeals referred above. 4. With the aforesaid observations and directions, the Writ Appeal stands disposed of. Certified copy as per rules.