SUNIL KHEMARIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has filed the instant writ petition praying for following relief:

(2.) The petitioner, at the relevant time, was holding the post of Inspector and was posted at Gohad, District Bhind. He was the investigating officer in relation to Crime No.110/2015 registered at the said Police Station for offences punishable under Sec. 147, 148, 294, 323, 325, 307, 302 read with Sec. 149 of IPC and Sec. 25, 27 of Arms Act. After investigation, the matter was tried by the Court of First Additional Sessions Judge, Gohad, District Bhind in Sessions Case No.100375 of 2015 and was finally decided vide judgment, dtd. 15/7/2022 (Annexure P/1). The accused persons were convicted and sentenced vide said judgment.

(3.) The petitioner, being the investigation officer of the case, was examined as PW-19 in the aforesaid case. The learned Trial Judge, in para 36 of the judgment, found certain lapses on the part of petitioner during investigation. The finding recorded by learned Trial Judge in para 36 are as under: