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IN THE HIGH COURT OF MADHYA PRADESH
P.K. Jaiswal and Virender Singh, JJ.
Pramod Kumar Dwivedi v. State of M.P. and others
Writ Petition (PIL) No.6554 of 2015 (Indore); Decided on 6.4.2017.
Held : From the aforesaid facts and circumstances of the case, we are of the view that the statutory agency has not functioned in an effective way or that the circumstances are such that, it may reasonably be presumed or inferred that it may not able to conduct the investigation fairly or impartially. The army personnel have made specific allegation against the police authority. The report dated 30.9.2015, clearly shows that they have not investigated the matter properly in spite of clinching medical evidence, no FIR has been registered. The prime concerned and the endeavour of the Court of law is to secure justice on the basis of true facts, which ought to have been unearthed through a committed resolved and a competent investigating agency.
We accordingly, direct the Director, CBI, to take over the investigation of the case of the incident of non-registration of FIR against police personnel. In respect of written complaint lodged by the respondent No.1 against the police personnel and bring the investigation to its logical conclusion in accordance with law. 2013(5) MPHT 336 (SC), (1996)11 SCC 253 and (2002)5 SCC 521 followed. Miscellaneous Criminal Case No.10037/2016 and Miscellaneous Criminal Case No.10039/2016 relied on.
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Jaiswal, J. -- 1. This public interest litigation has been filed by the petitioner, seeking relief of registration of FIR against the police, involved in the incident happened in the Police Station Vijay Nagar, Indore (i.e., quarrel between Police and Army Personnel at parking area of BCM Heights Vijay Nagar Indore) be ensured. In the petition, the petitioner has also prayed that liquor shop be also closed at an early time, but he is pressing a relief for registration of FIR, criminal case against the police personnel involved in the incident happened on the intervening night on 9.9.2015 and 10.9.2015.
2. The facts of the case are as under :
(i) On 9.9.2015 at about 12:00 to 12:30, midnight some officers of the army visited the Woodstock Lounge, situated at BCM Heights, Indore. While the officers were in the parking area of BCM Heights and were leaving for Mhow, 4-5 police persons arrived and asked the officers to leave immediately, on which the officers informed the police persons that, they were waiting for their colleagues who were clearing their bill and will soon leave. The police persons used abusive language and passed derogatory remarks, resulting in an argument. Within no time a PCR Van arrived at the spot and was joined by Mr. Vipul Shrivastava, IPS and other police officers.
(ii) The army officers identified themselves and informed the police officers about the behaviour of police persons. Rather than taking action against the erring police persons, large number of police persons under the supervision of Mr. Vipul Shrivastava, brutally assaulted the army officers with sticks and weapons. The army officers were mercilessly beaten even when they identified themselves as army officers. Thereafter, the army officers were forcibly dragged to Vijay Nagar Police Station where they were again beaten up by Mr. Vipul Shrivastava, Police Inspector Mr. Saiyed and Police Inspector Mr. Chhatarpalsingh Solanki. At about 0100 hrs., after inflicting several injuries the army officers were left who somehow reached Mhow with broken limbs, fractures, multiple contusions and injuries caused by blunt objects. The injured army officers were rushed to Military Hospital Mhow where 3 of them had to be admitted in the ICU. The nature of injuries was such that 2 of them had to be referred to the Command Hospital at Lucknow.
(iii) As per medical documents (Annexure R-1) Army No.IC-78793A Lieutenant Shailendra Kumar, sustained the following injuries:
“(i) Contusion over left leg (8 x 4 cm)
(ii) Bruise on (Rt.) leg (6 x 5 cm) fracture (Rt.) Tibia (upper 1/3rd).”
Army No.IC-78612K Lieutenant Ankit Siwach, sustained the following injuries :
“(i) Swelling over Rt. forearm
(ii) displaced fracture ulna (Rt. Hand) lower 1/3".
Army No.IC-78363W Lieutenant Kunal, sustained the following injuries :
“(i) Multiple abrasion over (Lt.) forearm and (Lt.) Knee and Lower Abdomen.
(ii) Contusion over back”
Army No.IC-79215X Lieutenant Ritwick Singh, sustained the following injuries :
“(i) Contusion over B/L scapular region.
(ii) Contusion over (Rt.) forearm.
(iii) Contusion over B/L thighs and legs.
3. As per police patrolling party some army personnel were consuming liquor publicly on road, which was retaliated and started quarrel with the police personnel. Ultimately the police personnel have lodged FIR No.972/15, under sections 353 and 332, IPC against the unknown persons on 10.9.2015 at 4:15 a.m. In daily diary, the entry was made on 16:10 hrs. vide Entry No.023. It is also alleged that on 10.9.2015, at 5:20 a.m. in the morning a large number of army personnel have come to attack on Police Station Vijay Nagar and they have started beating the police staff of Police Station Vijay Nagar, Indore. During the said incident, they have taken hard disc of CCTV Camera and they further damaged the computer and furniture of police station. The said attack was committed by 60-70 personnel, who also looted rifle from the guard. An FIR has been lodged for commission of offence on t
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