GYANCHAND VERMA Vs. SUDHAKAR B PUJARI

JUDGEMENT

(1.) I have gone through the judgment prepared by my esteemed Brother, Hon. Bhangale, J., but for the reasons which I shall shortly indicate, I am unable to agree with his erudite opinion on the points in issue. Consequently, I do not also agree with the proposed final decision as, in my opinion, the present writ petition ought to succeed.

(2.) THE principal question which arises for our consideration in this case is: whether naming any person as suspect in the police report/charge -sheet filed under Section 173(2) and more so under Section 173(8) of the Code of Criminal Procedure (hereinafter referred to as the 'Cr.P.C.' or 'Code') is just, fair, proper and is in consonance with the procedure established by law? The incidental question is: whether on account of naming of any person as suspect in the police report/charge -sheet, it has the inevitable effect of sullying the reputation of that person irrespective of the nature of pending criminal action? The broad facts which have given rise to filing of the present Petition and relevant for deciding the matter in issue can be stated as follows:

(3.) IN this backdrop, two fold grievance has been made by the Petitioner in the present Petition. In the first place, it is asserted that once the final police report/charge -sheet has been filed before the Special Court, that presupposes that the investigation of the case is complete. If so, the question of describing the Petitioner as suspect accused does not arise. In that, the description in the charge -sheet can be only that of the accused who are sent for trial or of absconding accused and at best, of unknown accused. No other description, much less, of suspect accused, is envisaged by the Scheme of the provisions of the Code of Criminal Procedure According to the Petitioner, describing him as suspect accused has resulted in immense loss of his reputation and more so, because of the nature of the pending criminal case pertaining to M.P.S.C. Paper Scam, which received huge media coverage.