The interference by the Superintendent of Police and the Additional Superintendent of Police in the investigation was contrary to the provisions of the Criminal Procedure Code.

1. Case diary is available in M.Cr.C.No.33002/2018, which is an application filed by co-accused Ladle Vanshkar for grant of bail and has been decided today itself.

2. This application under Section 482 of Cr.P.C. has been filed for quashing the F.I.R. in Crime No. 75/2017 registered at Police Station Godan Distt. Datia for offence under Sections 307, 294, 34 of I.P.C. as well as for quashment of all the consequent criminal proceedings.

3. The prosecution story in short is that the complainant lodged a report against the applicants as well as the other co-accused persons alleging that the applicant no.2 and Dayashanker fired a gun shot causing injuries whereas all other accused persons were armed with weapons and had exhorted the applicant no.2 and Dayashanker to kill the complainant.

4. It is submitted that the Add. S.P. had conducted an independent parallel enquiry and had found that the applicants have been falsely implicated and, therefore, relying on the report of the Add. S.P., it is prayed that the F.I.R. registered against the applicants and all other consequential proceedings may be quashed.

5. Per contra, it is submitted by the Counsel for the State, that the investigating agency has not relied upon the enquiry report submitted by the Add. S.P., and the charge sheet has been filed against the applicants and they are still absconding.

6. Considered the submissions made by the Counsel for the parties as well as the documents filed in support of the same.

7. In the F.I.R., a specific allegation has been made against the applicant no.2 and co-accused Dayashanker that they had fired gunshots causing injuries.

8. Unfortunately, this case is a glaring example of interference by the political leaders in the investigation and unfortunately, the Superintendent of Police, Datia also fell pray to the pressure exerted by the local M.L.A., and without there being any provision of law, the Superintendent of Police has tried to please the local M.L.A. and has reported to the M.L.A. Such type of reporting by the Superintendent of Police in a criminal case is unknown to the criminal jurisprudence. It is true that free and fair investigation is the cardinal principle of criminal law, but interference by the politicians in the investigation, and twisting the investigation at the behest of the Superintendent of Police of a District is also really alarming. A time has come where, the Court cannot keep its eyes closed to such type of actions of the Superintendent of Police.

9. From the documents, which have been placed on record, it is clear that a typed application was made by one Amar Singh, the close relative of the accused persons, alleging that his son and grandson had gone to the Court of Tahsildar, Bhander for attending a Court proceedings and a false report has been lodged against them. It appears that said Amar Singh, also approached local M.L.A. as a result of which, a letter was written by Ghanshyam Pironiya, M.L.A. to the Superintendent of Police, forwarding the letter of Amar Singh with a direction that justice may be done to Amar Singh, by conducting an impartial enquiry and the outcome of the said enquiry be reported to him. The letter dated 20-9-2017, written by the local M.L.A., which has been placed at page No.20 along with the application is reproduced as under:-

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10. It appears that in compliance of letter dated 20-9-2017, written by the local M.L.A., the Superintendent of Police, Datia, directed the Additional Superintendent of Police to conduct a parallel enquiry. The letter dated 26-9-2017,