ORDER

Case diary is available.

This eighth application under Section 438 of Cr.P.C. has been filed for grant of anticipatory bail. The seventh application was dismissed by order dated

14.6.2022 passed in M.Cr.C.No.24459/2022.

The applicant apprehends her arrest in connection with Crime No.370/2016 registered at Police Station Thatipur, District Gwalior for offence under Sections 302, 306, 34 of IPC.

In compliance of order dated 9.9.2022, the Senior Superintendent of Police, Gwalior has submitted his enquiry report to the issues formulated by this Court by the aforesaid order.

It is submitted by Senior Superintendent of Police, Gwalior that Head Constable 377 Arun Mishra on the instruction of the then SHO, Police Station Thatipur District Gwalior RVS Vimal, had permitted Dheeraj Sharma to click the photographs of the statement of the injured from his mobile. Accordingly, it is mentioned that Arun Mishra has been saddled with punishment of stoppage of one increment without cumulative effect. Thereafter, the said screen shot of the photograph taken by Dheeraj Sharma was also provided under the RTI Act by ASI Chandan Singh and Constable 2846 Vinay Vijawar and, therefore, they have also been saddled with punishment of stoppage of one increment without cumulative effect. Similarly, a proposal has been sent to Additional Director General of Police/Inspector General, Gwalior Zone, Gwalior for taking action against Town Inspector Deepak Yadav and RVS Vimal. The copy of the report is also annexed with this compliance report.

It is not out of place to mention here that Dheeraj Sharma was the relative of the accused persons who are facing investigation/Trial under Sections 302, 306, 34 of IPC in Crime No.370/2016.

From the enquiry report, it is clear that at the instance of RVS Vimal the then SHO Police Station Thatipur, District Gwalior, Head Constable 377 Arun Mishra not only provided access to the case diary but also permitted Dheeraj Sharma to click photograph of the statement of Rani Sharma. It is really surprising that in the light of Section 172 of Cr.P.C. as well as Section 8 of RTI Act, according to which the accused has no access to the case diary, not only the case diary was made available to the relative of the accused but he was also permitted to click the photograph. In spite of legal bar the Senior Superintendent of Police, Gwalior has taken the said misconduct in a very light manner and has completed the formality by imposing a minor penalty of stoppage of one increment. It is a high time for the police Department to introspect itself and to address the question as to whether any activity of the police authority contrary to the provisions of Cr.P.C. as well as RTI Act is a serious misconduct or a casual negligence inviting minor punishment. The police Department must not forget that they exercise their powers under the provisions of Cr.P.C. and if the provisions of Cr.P.C. are violated, then it is for them to decide that whether it is a serious misconduct or minor misconduct.

Be that whatever it may.

According to the report, the matter has been forwarded to the Additional Director General of Police/Inspector General of Police, Gwalior Zone, Gwalior for taking action against Deepak Yadav and RVS Vimal, the then SHO, Police Station, Thatipur, District Gwalior.

Since the matter is on the table of Additional Director General of Police/Inspector General of Police, Gwalior Zone, Gwalior, therefore, this Court is refraining itself from making any further comments on the manner in which the matter has been dealt with by the Senior Superintendent of Police, Gwalior.

Accordingly, the Additional Director General of Police is directed to submit its report before the Principal Registrar of this Court within a period of one month from today latest by 11.12.2022 with regard to the action taken by him against the guilty officers.

With aforesaid observations, the application is finally disposed of.

Let a copy of this order be supplied to the Public Pro