IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR MCRC No. 37542 of 2023 (ARUN TIWARI Vs THE STATE OF MADHYA PRADESH)

Dated : 07-05-2024 Shri Ajay Mishra - Senior Advocate with Ms.Pankhuri Vishwakarma - Advocate for the petitioner.

Smt.Swati Aseem George - Deputy Government Advocate for the respondents/State.

This Court on 1.5.2024 had passed the following order :-

It is submitted by counsel for the applicant that the court below has refused to supply copy of WhatsApp Chats which have been filed along with charge sheet on the ground that identity of the complainant would be disclosed.

Now the question which arises for consideration is that whether the Court can refuse to supply complete documents of the charge sheet to the accused on the ground that certain documents may disclose the identity of the prosecutrix. Applicant has filed copy of the charge sheet, from which, it is clear that Investigating Officer has not masked identity of the complainant and copy of the charge sheet has also been supplied to the applicant.

Under these circumstances, pivotal question which arises for consideration is as to whether Investigating Officer can be prosecuted for offence under Section 228 (A) of IPC o