N.K. PARIHAR Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed challenging the order dated 22.10.2018 passed by Inspector General of Police (complaints), Crime Investigation Department, Police Headquarters, Bhopal by which it has been directed to continue the investigation against the petitioner and other persons.

(2.) The necessary facts for the disposal of the present petition in short are that on 29.3.2013 the dead body of the deceased Netram was found hanging on a tree and on the report of one Kirodi Pal, Inquest Report 06/2013 was registered at Police Station Jigna, District Datia.

(3.) A Gum Insan Report was lodged on 7.3.2013 which was registered as Gum Insan No.04/2013 by which the missing report of one Anand Gupta was made. Crime No.116/2013 for offence under Section 364(A) of IPC and under Section 11/13 of MPDVPK Act was registered at Police Station Kotwali, District Datia. A Special Investigation Team was constituted under the leadership of present petitioner who was posted as SDO(P), Bhander at the relevant time. In the said case, one Rakesh Kumar Gupta by filing a written application expressed his suspicion against the deceased Netram Khangar and Gopal Khangar and, accordingly, the SIT brought Netram Khangar to police station on 19.3.2013 for interrogation purposes. Thereafter, the dead body of Netram Khangar was found hanging on a tree. The family members of deceased Netram Khangar made a written complaint to the District Collector on 30.3.2013 and 19.3.2013. A complaint was made by brother of Netram Khangar that the police had taken him with him, he was detained, was beaten and thereafter he was killed. The dead body of the deceased Netram Khangar was handed over to his family members but his family members refused to perform his last rites and insisted for second postmortem and, accordingly, on 1.4.2013, a team of five doctors of J.R. Hospital conducted the postmortem. Thereafter, a magisterial enquiry was ordered to enquire into the allegations of illegal detention of the deceased by the police party as well as the custodial death of the deceased Netram Khangar. On the basis of the report submitted by the then Chief Judicial Magistrate, Datia, the police registered the offence in Crime No.134/2013 for offence under Sections 302, 34, 199, 201, 120-B, 342, 468, 471 of IPC against total 11 persons including the petitioner. In order to maintain independence and purity, the matter was handed over to the CID. Thereafter, it appears that a writ petition was filed by one Ramsharan Prajapati which was registered as W.P.No.8615/2013 challenging the Magisterial Enquiry Report and the said writ petition was disposed of by order dated 20.8.2018 with the following directions: