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J.CHELAMESWAR, SANJAY KISHAN KAUL
MEENAKSHI KUMARI – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent
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?
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 (!) .
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.
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