PINTU SINGH TOMAR Vs. STATE OF MP

JUDGEMENT

(1.) This criminal revision at the instance of accused persons is directed against the order dated 13.12.2017 passed by the Trial court declining to accept the closure with a direction that the trial shall continue.

(2.) The trial in question, which is subject matter of Case No. 17/14 ST before Fourth Additional Sessions Judge emanates from the FIR lodged with Policed Station Padav, Gwalior on 30/09/2012 that a planning was going on in a Scorpio Vehicle for impersonating in the Police Constable Recruitment Test 2012. On the basis of information police raided the Scorpio vehicle near Vidhi Chandra Dharamshala Gwalior, seized incriminating documents under Zero FIR, detained ten persons, thereafter registered Crime No. 648/2012 on 30/09/2012, at Police Station Padav under Section 120B, 419 and 477 IPC. It was revealed during the investigation that MP Police had seized the 37 incriminating documents by raiding the Scorpio vehicle at around 1000 Hrs. including the Scorpio, detained the 10 persons sitting in the Scorpio, and brought 10 persons to the Police Station. All the documents were recovered from the vehicle. On arrival at the PS, a General Diary Entry No. 2045 at 1435 hours was made explaining the circumstances of the raid and thereafter, the instant Padav PS Case No. 648/2012 was registered on the 30/09/2012 against the 10 persons who were arrested under section 120B, 419 and 477 of IPC vide subsequent General Diary Entry No. 2046 at 1445 hours on the same day. The documents seized by the local police also contained the Test Admit Cards of 31 candidates of PCRT-2012 and some original Mark sheets, Domiciles certificate, etc. of other persons. Bharat Singh, Constable and Vinod Singh, Head Constable of STF, Gwalior were the two witnesses to the seizure memo and also to the Arrest memo prepared later on in respect of the 10 accused persons so arrested at the PS on 30/09/2012 in between 1500 Hrs and 1555 Hrs.

(3.) The charge-sheet was filed wherein the charges were levelled against the accused persons under Sections 419/120B and 467/120B IPC by order dated 10/04/2015, which came to be challenged by them before this Court vide Criminal Revision No. 591/2015 which was dismissed as withdrawn on 05/11/2015. However, with the matter being transferred to Central Bureau of Investigation, the investigation was further continued. That a supplementary report in final form was filed by the CBI on 21/07/2017 proposing closure of the case for want of prosecutable evidence on the ground that :