ARVIND YADAV @ KALLI Vs. STATE OF M.P.

JUDGEMENT

(1.) Mr. Vinod Vinayak Karkare, SHO, P.S. Sirol, District Gwalior is present in person. Although Mr. Karkare was not asked to remain present, however, it appears that the State Government, looking to the seriousness of the controversy involved in this case, has thought fit that Mr. Karkare, SHO, P.S. Sirol, District Gwalior would be able to effectively place the case of the State before the Court and, therefore, the State Government appears to have sent Mr. Karkare on its own, for putting forward the stand of the police in this matter.

(2.) The State has filed a reply today itself after taking permission of this Court. Although original copy of the reply has not been received from the Office so far, therefore, it is not known whether the reply has been filed so far or not but the Public Prosecutor has made a copy of the reply, available to the Court. After going through the reply, it is clear that the State has not complied with the order dated 26.03.2018 passed by this Court in this case. Accordingly, Mr. Karkare was asked as to why the order dated 26.03.2018 has not been complied with, then it was replied by him that he cannot understand English, therefore, he is not able to answer this query. Again, another question was put to Mr. Karkare that whether he is able to understand the reply which has been filed by the State or not ? Again Mr. Karkare expressed his inability. The third question was put to Mr. Karkare that whether he is in a position to answer any query raised by this Court or not, then again Mr. Karkare expressed his inability. It is really surprising that in a case of such an importance, the State Government has shown confidence upon an officer who does not know English language, who does not know the facts of the case and has no knowledge about the law. However, it is the prerogative of the State Government to send any representative of their own choice on whom they have firm belief that the stand of the State Government shall be effectively put forward by their representative. Thus, it is clear that the Court is not going to get any assistance from Mr. Karkare. Then, again a question was put to Mr. Karkare that whether he would be in a position to communicate the order which is going to be passed in this case to his superior police officers or not, then it was replied by him that in case if it is passed in English, then he would not be able to communicate the order in letters and spirit. Under these circumstances for the convenience of Mr. Karkare, the Court proposes to pass some part of the order in Hindi.

(3.) Since the remaining part of the order can be passed without the assistance of Mr. Karkare, therefore, the question that whether without withdrawing the investigation from the Investigating Officer, a superior officer can direct for a parallel independent enquiry or not, can be considered with the help of the counsel for the applicant, Public Prosecutor as well as the counsel for the complainant, therefore, they are heard on this issue.