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2018 Supreme(SC) 299
SUPREME COURT OF INDIA
(RECORD OF PROCEEDINGS)
J. CHELAMESWAR, SANJAY KISHAN KAUL, JJ.
MEENAKSHI KUMARI – Petitioner(s)
VERSUS
STATE OF UTTAR PRADESH – Respondent(s)
Writ Petition(s)(Criminal) No (s) 143 of 2015
Date : 05-04-2018
Compensation for false cases, lack of evidence, determination of police officers' complicity
Headnote:
Closure Report - Criminal Procedure - The court directed the police to file a closure report as no evidence of recovery of contraband substance was found from the accused. The court also ordered the state to deposit a sum of Rs.5,00,000 as compensation for the false cases foisted on the accused.
Fact of the Case:
The court directed the police to file a closure report as no evidence of recovery of contraband substance was found from the accused. The court also ordered the state to deposit a sum of Rs.5,00,000 as compensation for the false cases foisted on the accused.
Finding of the Court:
The court found that no evidence of recovery of contraband substance was found from the accused, and ordered the state to file a closure report and deposit compensation for the false cases.
Issues: False cases foisted on the accused, lack of evidence of recovery of contraband substance, compensation for the accused and his family members.
Ratio Decidendi: The court's decision was influenced by the lack of evidence of recovery of contraband substance and the need to compensate the accused and his family members for the false cases foisted on them.
Final Decision: The court directed the police to file a closure report, ordered the state to deposit a sum of Rs.5,00,000 as compensation, and emphasized the need to determine the complicity of police officers involved in the false cases.
Key Points: - The court directed the state to deposit Rs.5,00,000 as compensation for the false cases foisted on the accused and his family (!) . - The court emphasized the need to determine the complicity of police officers involved in the false cases under Section 36 CrPC and appointed a suitable superior officer (!) . - The court permitted the police to file a closure report since no evidence of contraband substance was recovered from the accused, bringing the proceedings to a close (!) . - The affidavit dated 2.4.2018 was found unsatisfactory regarding the police authorities’ accountability beyond a mere censure of a sub-inspector (!) . - The case notes that the alleged victim stated there was no untoward incident and no relationship with the accused, influencing the closure and compensation directions (!) . - The court required the State to file an affidavit within 10 days detailing any prior compensation determined by other authorities and whether disbursed (!) . - The order indicates the matter to be listed again after ten days to review progress on closure and compensation (!) .
What is the scope of compensation and the proper process for awarding compensation for false cases foisted on an accused and his family?
What is the appropriate action to determine and establish the complicity of police officers under Section 36 CrPC in false cases?
What are the required steps for filing a closure report and concluding proceedings where no evidence of contraband recovery is found?
ORDER
We have heard learned counsel for the parties and perused the affidavit dated 2.4.2018 filed in compliance of order dated 6.2.2018 by Ms. Vandana Sharma, Circle Officer, Khekra, District Baghpat, Uttar Pradesh.
2. What emerges from this affidavit is that on investigation, no evidence has been found of recovery of any contraband substance from the accused i.e. Ravi, S/o Dharampal, who is the brother of the petitioner.
3. Learned counsel for the State submits that the closure report is to be filed but in view of interdicts of this Court, steps have not been taken in that regard. We permit, the Police to file the closure report so that the proceedings can be brought to closure.
4. We have also drawn the attention of the learned counsel for the State towards order dated 6.2.2018 which records, in substance, the chamber proceeding. The alleged victim has categorically stated that there was no untoward incident nor she has any relationship with Ravi. Learned counsel for the State submits that for the same aforesaid reason, no closure report has yet filed and necessary steps would be taken immediately.
5. With the aforesaid two steps taken, the cases foisted on Ravi would come to an end.
6. The next question is to compensate for the agony through which Ravi and his family members gone through on account of cases being foisted on them. We direct, tentatively, that the State should deposit a sum of Rs.5,00,000/-(Rupees Five Lakhs only) with the Registry of this Court within 10 days and we will determine as to who all should be the beneficiaries of this or any further compensation. An affidavit within the same time should also be filed by the State as to whether any compensation has been determined by any other authority, if so, the amount thereof and whether it has been disbursed or not.
7. We must express our complete dissatisfaction of the affidavit dated 2.4.2018 to the extent that the police authorities seems to be satisfied with a censure against Sub Inspector Aman Singh as a culmination of these false cases foisted on Ravi. It is not clear if he alone was responsible or other officers are also involved. In this context, we may note the transcript filed of conversation which seek to suggest a wider role of different police officials in this process. It is necessary to determine the complicity of these police officers for which a suitable superior officer is to be appointed as envisaged under Section 36 of the Code of Criminal Procedure, 1973.
List the matter after ten (10) days.
