Back
2002 (1) JLJ 391
A.K. Gohil, J.
Devendra v. JMFC, Mhow, District Indore
Misc. Cr. Case No. 2932 of 2001; arising out of Cr. Case No. 366 of 2001; Decided on 18.2.2002
Delay in disposal of criminal trial has also become a usual phenomenon, which may be because of various reasons. One important reason for delay in disposal of criminal cases is service of summons on the witnesses and service of warrants on the accused persons those who are absconding. Today, by the time trial takes place, evidence gets destroyed or distorted, witnesses forget evidence or turn hostile, victims loose interest and prosecution becomes indifferent. Therefore, it became necessary that expedition and certainty have to be brought back into the criminal justice system by some drastic changes. [Para 6] .
Held: It is the duty of the welfare State to protect the life, liberty and property of the citizens and also to maintain peace and harmony in the society. It is also the duty of the State to see that their investigation should be proper and their Court management should be aimed in such a manner so that no guilty person should remain unpunished. Money should not be made an excuse in strengthening the criminal justice system and the Court management by the State Government because what is alarming today is the slow pace of criminal justice and low percentage of conviction.
[Paras 22 & 25]
(2) Identification of Prisoners Act, 1920 -- Ss. 4, 5 and 6 -escalating problem of impersonation in criminal proceedings -provisions should be used liberally and Magistrate should grant permission normally if sought by police officer. [Para 15]
(3) Practice (Criminal) -- impersonation as accused -- evidence by false witnesses -- direction issued to file photographs of material eye-witnesses, complainant and accused alongwith charge-sheet. 1999 CrLJ 3025 (Gujarat), AIR 1962 Patna 255 (FB), AIR 1958 Punjab 294 and AIR 1969 Manipur 22 relied on. AIR 1961 SC 1808 and (1998) I‘ SCC 226 followed. [Para 18]
¼1½ Hkkjr dk lafo/kku & vuq-21 & nkafMd fopkj.k & foyafcr U;k; vuq- 21 esa çfr"Bkfir _tq çfØ;k ds foijhr gS & ‘kh?kz fopkj.k lqfuf‘pr djus ds fy, jkT; ljdkj dks funs‘k tkjhA vuqHko fd;k x;k gS fd nkafMd U;k;ky;ksa ds le{k nkafMd ekeyksa esa çfr:i.k dh ?kVuk,¡ fnu&çfrfnu c<+rh tk jgh gSaA nkafMd fopkj.k ds fuiVkjs esa foyac Hkh lkekU; ?kVuk gks x;k gS] tks vusd dkj.ko‘k gks ldrk gSA nkafMd ekeyksa esa foyac dk ,d egRoiw.kZ dkj.k gS lk{khx.k dks leu dh rkehy vkSj mu vfHk;qDr O;fDr;ksa dks okjaV dh rkehy] tks Qjkj gSaA vkt] fopkj.k tc rd gks ikrk gS rc rd lk{; u"V vFkok foÑr gks tkrk gS] lk{khx.k lk{; Hkwy tkrs gSa vFkok i{knzksgh gks tkrs gSa] vkgr O;fDr;ksa dh #fp lekIr gks tkrh gS rFkk vfHk;kstu i{k mnklhu gks tkrk gSA vr% vko‘;d gks x;k gS fd dqN l‘kDr ifjorZuksa }kjk nkafMd U;k; i)fr esa ‘kh?kzrk vkSj lqfuf‘prrk okil ykbZ tk,A ¿iSjk 6 vfHkfu/kkZfjr % ukxfjdksa ds thou] Lokra=; rFkk laifÙk dh j{kk djuk rFkk lekt esa ‘kkafr vkSj lqO;oLFkk cuk, j[kuk Hkh dY;k.kdkjh jkT; dk drZO; gSA ;g ns[kuk Hkh jkT; dk drZO; gS fd mlds }kjk fd;k x;k vUos"k.k mfpr gks rFkk mldk U;k;ky;hu laca/k çca/k dk y{; ,slh jhfr esa gksuk pkfg, fd dksbZ Hkh nks"kh O;fDr vnafMr ugha jgsA nkafMd U;k; i)fr rFkk U;k;ky;hu çca/k dks l‘kDr cukus esa jkT; }kjk /ku dk cgkuk ugha cuk;k tkuk pkfg, D;ksafd vkt tks Hk;çn ckr gS] og gS nkafMd U;k; dh /kheh xfr vkSj nks"kflf) dk U;wu çfr‘krA ¿iSjk 22 ,oa 25 ¼2½ canh ‘kuk[r vf/kfu;e] 1920 & /kkjk 4] 5 rFkk 6 & nkafMd dk;Zokfg;ksa esa çfr:i.k dh c<+rh leL;k & mica/k mnkjrkiwoZd ç;qDr fd, tkuk pkfg, rFkk iqfyl vf/kdkjh }kjk bZIlk fd, tkus ij eftLVªsV }kjk vlkekU;r% vuqKk çnÙk dh tkuk pkfg,A ¿iSjk 15 ¼3½ çFkk ¼nkafMd½ & vfHk;qDr ds :i esa çfr:i.k & feF;k lk{khx.k }kjk lk{; & vkjksii= ds lkFk esa egRoiw.kZ çR;{kn‘khZ lkf{k;ksa] ifjoknh rFkk vfHk;qDr ds QksVksxzkQ Qkby djus dk funs‘k tkjhA 1999 lhvkj ,y ts 3025 ¼xqtjkr½] , vkb vkj 1962 iVuk 255 ¼iw.kZ U;k;ihB½] , vkb vkj 1958 iatkc 294 rFkk , vkb vkj 1969 ef.kiqj 22 voyafcrA , vkb vkj 1961 ,l lh 1808 rFkk ¼1998½ 1 ,l lh lh 226 vuqlfjrA ¿iSjk 18
1. The applicant has filed this repeat application under section 439, CrPC for grant of bail, as his earlier application (MCre No. 2377/01) was dismissed on 18.6.2001, as not pressed.
2. The submission of the learned counsel for the applicant is that the applicant is in custody in connection with Criminal Complaint Case No. 366/01, which has been registered by the ACJM, Mhow, on a complaint made by the JMFC, Mhow, under sections 107, 109, 119, 120B, 177, 192, 193, 195, 196, 197, 198,200, 201, 205, 215, 220,221, 416, 419, 467, 468 and 471 of the IPC.
3. In nutshell, the allegation against the accused in the aforesaid complaint was that a crime, bearing No. 304/2000, was registered at police station Manpur and on the basis of which a Criminal Case No. 309/2000, under section 34 read with section 49B of the Excise Act read with section 420 and 484, IPC was pending before the JMFC, Mhow, in which one Kailash S/o Meghraj Wadhwani was declared absconder and a warrant of arrest dated 29.12.2000 was issued and in execution of the aforesaid warrant, on 24.1.2001 the applicant Devendra S/o Rajendra Lashkari, got himself arrested showing him to be as Kailash S/o Meghraj Wadhwani, therefore, the accused persons knowingly and intentionally with a view to involve himself in cons~iracy, instigated, misrepresented and wilfully concealed the facts, abetted and designed to commit an offence, gave and prepared false information and fabricated false evidence in a judicial proceedings known to be false and the police prepared a false arrest memo showing the arrest of applicant Devendra Lashkari as Kailash Wadhwani and a case of false personation for the purpose of, to act in or proceedings in a criminal prosecution as an accused and produced before the criminal Court. This arrest memo was prepared by constable Madanlal of P:S. Manpur. Thereafter, on 13.3.2001, the in-charge police station Manpur, ASI Raghuvanshi submitted an identification memo ofDevendra Lashkari as Kailash Wadhwani.
4. On 19.3.2001 SDO(P), Mhow sent a report of identification before the Court and submitted therein" that applicant Devendra S/o Rajendra Lashkari, who is under custody inthe name of accused Kailash Wadhwani, is not Kailash Wadhwani, but under impersonation he is in custody in the name of Kailash Wadhwani, though really he is Devendra S/o Rajendra Lashkari. On the same day i.e., 13.3.2001, the Court granted permission to take photographs of Rajendra Lashkari, who was in custody and, thereafter, on 21.3.2001, the SDO (P) submitted a detailed report of identification and it was found that applicant Devendra Lashkari is in jail in the name of Kailash Wadhwani and in that connection, statement of Smt. Kamlesh Lashkari, who is the mother of the applicant, was also recorded and after holding a detailed enquiry and after perusal of the record of the police station Manpur, the JMFC came to the conclusion that the applicant, including the co-accused, and police officers have committed an offence and for that he passed an order on 19.11.2001 to file a complaint under the aforesaid sections before the Court of ACJM, Mhow, Thereafter, the ACJM, Mhow, after taking cognizance on the complaint, issued warrant of arrest against the . applicant and other co-accused persons.
5. During the course of hearing of this petition for bail, it is submitted by learned counsel for applicant• that this petition became. infructuous and, therefore, he does not want to press the same. After hearing learned counsel for the parties and on perusal of record, this Court found that though the petition became infructuo us and learned counsel for applicant does not want to press it, but looking to the importance of the matter, as the question of public interest is involved in this case, it became necessary to dispose it of with certain directions to the concerned authorities.
6. It is experienced that incidents of impersonations are increasing day by day in the criminal cases before the Criminal Courts.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
