KISHANBIHARI SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) The matter is heard through Video Conferencing.

(2.) The present petition under Article 226 of the Constitution of India is being filed seeking following relief:-

(3.) From the perusal of the petition, it is seen that the petition has been filed stating that the petitioner is peace-loving citizen of the country and he has been falsely implicated in this case by the police authorities and his name has been falsely roped up in the F.I.R. No. 881/2020 dtd. 14/12/2020 registered under Sec. 08/20 of the NDPS Act. It is alleged that on 14/12/2020, the petitioner was at Morena in his relationship and his father Hariom Tiwari alias Hariom Sharma and his younger brother Brajbihari alias Krishana Sharma were at home. At that time, the police authority has seized a Truck containing contraband articles. Some persons were arrested on the spot and named FIR was registered against them and also against some unknown 4-5 persons because some persons have run away. On interrogation with the other co-accused, they have given the names of the present petitioner and his family members showing their involvement in commission of offence. The police authorities came to the house of the petitioner and has given threatening to them that they will falsely rope up their names in the aforesaid offence or they will fulfill the illegal demands i.e. an amount Rs.5,00,000.00 from the petitioner and his family members as the demand of non-fulfillment by them, a false case has been registered against the present petitioner and his family members. It is alleged that he has already approached the senior authorities time and again by filing representations Annexures P/4 and P/5 for redressal of his grievances and for constitution of SIT or for investigation by some other agencies like CBI or CID. But is of no consequence. Therefore, the present petition is being filed. It is alleged that the newspapers cuttings shows that the father of the petitioner was arrested from the spot on the same day, however, the investigation shows that they have been arrested after 35 hours of the incident on 15/12/2020 at 07:00 to 10:00 in the evening. The aforesaid fact was brought to the notice of the learned trial Court at the time of hearing of application for bail also. Under these circumstances, prima facie, a false case appears to have been registered against the present petitioner and his family members. He has prayed for fresh investigation by the independent agency.