IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR (RAJKARAN TIWARI Vs THE STATE OF MADHY PRADESH )

Dated : 27-01-2026 Shri Shri Krishan Kumar Gautam - counsel for the appellant Shri Abhinav Shrivastava - counsel for the respondent/Lokayukt.

Shri Pramod Kumar Pandey - Government Advocate for the State.

The instant petition under Section 482 of Cr.P.C was filed for quashment of charge sheet dated 01/02/2005 under Section 420, 467, 468, 471, 120-B and 34 of IPC has been registered against the applicant and other 32 persons and also prays for quashing in connection with Crime No.1415/2006 which is pending before the Judicial Magistrate First Class, Rewa(M.P).

This Court, vide order dated 09/09/2025, called for a status report from the Court of JMFC, Rewa in a criminal case arising out of Crime No. 52/198. In compliance of the said order, JMFC, Rewa, vide letter dated 22/09/2025, submitted the status report. As per the said report, the prosecution witnesses were not appearing before the trial court for recording of their statements despite issuance of summons, bailable warrants, and arrest warrants.

Considering the same, this Court, vide order dated 23/09/2025, directed the Lokayukt to ensure the presence of its witnesses before the trial court and further directed to file an action taken report with regard to timely production of prosecution witnesses before the concerned trial court.

In compliance of the said order, the respondent Lokayukt filed an inquiry report dated 01/12/2025, conducted by the DIG, Special Police Establishment, Lokayukt, Bhopal. It is mentioned therein that despite issuance of summons, bailable warrants, and arrest warrants, the prosecution witnesses did not appear for recording of their statements as the warrants were returned unserved. It is further submitted that pursuant to the order of this Court dated 23/09/2025, bailable warrants issued against Ganesh Prasad Mishra, Bhoopendra Singh Yadav, Madhukar Kumhare, Gufran Khan, Mithlesh Kumar, and Kedarnath Gupta were served. Out of them, Ganesh Prasad Mishra and Bhoopendra Singh Yadav appeared before the trial court and their statements were recorded. During the inquiry, it was found that some negligence was committed by the Head Constable (Court Moharrir).

A letter dated 01/01/2026 was also issued by the I.G., Special Police Establishment, Lokayukt to the DGP, Police Headquarters, Bhopal, seeking action against the concerned police personnel who failed to serve the summons, bailable warrants, and arrest warrants issued to the police department. Being dissatisfied with the report, this Court, vide order dated

05/01/2026, directed the respondent to file a further action taken report. In compliance thereof, the respondent, vide letter dated 23/01/2026, submitted that the Deputy Inspector General issued a warning to the Deputy Superintendent of Police, Lokayukt, and a penalty of censure was imposed upon Head Constable Prem Singh, who failed to serve the notices in time. It is further mentioned that vide letter dated 05/12/2026, the DGP was requested to take action against those police personnel who failed to serve summons/bailable warrants/arrest warrants, and that further information in this regard could be provided only by the DGP, Police Headquarters.

In the present case, charges were framed by the trial court in the year

2008 and since then the case has remained pending for recording of prosecution evidence. Most of the prosecution witnesses are government servants, belonging either to the Police Department or the Special Police Establishment, Lokayukt.

Despite repeated issuance of summons, bailable warrants, and arrest warrants, the continued non-appearance of prosecution witnesses reflects serious negligence on the part of the prosecution, resulting in inordinate delay in disposal of criminal cases. Such prolonged pendency of criminal trials is a matter of grave concern.

Considering the aforesaid and taking serious note of the matter, the Director General of Police, Pol