It is definitely most reassuring, most refreshing and most rejuvenating to learn that none other than one of the oldest and so also one of the most prestigious High Courts in India that is the Bombay High Court in a most learned, laudable, landmark, logical and latest judgment titled Ankush Dattu Dhore vs State of Maharashtra in Criminal Writ Petition No.1487 of 2020 that has been pronounced quite very recently on August 5, 2024 has while taking extremely strong objection to a “copied” First Information Report (FIR) that was filed by the Pune Police has minced just no words in saying in no uncertain terms that dragging people into criminal cases unnecessarily causes immense mental agony and trauma. This definitely has to be taken most seriously and cannot be just glossed over as it seriously jeopardizes the entire life of a person who is wrongly framed in a criminal case. It is certainly a matter of immense satisfaction to note that while rising to the occasion, we see that a Division Bench of Hon’ble Mr Justice Ajay Gadkari and Hon’ble Ms Justice Dr Neela Gokhale noted the “unfathomable harassment” that was caused to a few residents of reputed Talegaon area of Pune who were booked in a FIR which was pursuant to the orders of a Magistrate on a private complaint.
It must be mentioned here that the Division Bench while taking potshots at the very FIR itself that was lodged minced absolutely just no words to say unambiguously that the FIR was nothing but a “copy-paste” of the private complaint filed by the complainant before the Magistrate. To put it in the words of the Division Bench itself, we see them stating explicitly that, “The present case exhibits total non-application of mind by the Investigating Officer resulting in innumerable and unfathomable harassment to the Petitioners, citizens of India.” It must be borne in mind that the Division Bench opined clearly that this harassment was because of the Investigating Officer (IO’s) sheer obliviousness and non-application of mind.
By all accounts, it certainly merits no reiteration that such officers definitely need to be held accountable because if they are allowed to get away lightly then it will only serve to encourage others not to take it seriously and keep playing havoc with the life of innocent citizens who have to face immeasurable problems and mental trauma coupled with financial loss! Those officers must be jailed just like those officers must be jailed who refuse to lodge FIR in heinous crimes for five years at least so that the men and women in uniform don’t take things for granted and if caught taking bribe must be most seriously punished and so also dismissed without pension so that no one dares to again ever take bribe. It is only and only because of them getting away lightly by getting suspended for a very short time and then posted some where else that they mostly delight in taking citizens for granted and yet we see most strangely Centre not bringing or even contemplating any reforms for them like Agniveer Yojana as was most suddenly brought for the Army a long time back where corruption is comparatively much less nor do we see the most landmark recommendations that were made by the Apex Court in the renowned case of Prakash Singh vs Union of India case in 2006 being implemented even after 18 years which is definitely a matter of national disgrace! It is really high time now and it is beyond a straw of doubt that the accountability in police needs to be definitely strengthened urgently and so also necessary reforms must be implemented most promptly as suggested by none other than the top court itself nearly two decades ago and yet Centre has done precious little on it and States also have fared no better which is definitely a most serious matter that merits addressing right now! There can be just no denying or disputing it!
At the very outset, this most brief, brilliant, bold and balanced judgment authored by the Division Bench of the Bombay High Court comprising of Hon’ble Mr Justice Ajay Gadkari and Hon’ble Ms Justice Dr Neela Gokhale sets the ball in motion by first and foremost putting forth in para 1 taking potshots at the manner of handling of case by the IO stating unequivocally that, “The present case exhibits total non-application of mind by the Investigating Officer, resulting in innumerable and unfathomable harassment to the Petitioners, citizens of India.” No doubt, it is a very serious observation that has been made right at the very outset and so has to be taken most seriously.
To put things in perspective, the Division Bench envisages in para 2 disclosing that, “Record reveals that, on the basis of a private complaint filed by the Respondent No. 2, the learned Joint Judicial Magistrate First Class, Vadgaon Maval, District-Pune passed an Order dated 5th February 2020 under Section 156(3) of Cr.P.C. directing investigation of the crime under Sections 417, 420, 467, 468, 471, 199, 200, 193(2), 504 & 506 read with 34 of the Indian Penal Code, 1860 (I.P.C.). Accordingly the Talegaon MIDC Police Station, Pimpri-Chinchwad lodged the present C. R. No. 22 of 2020 for the offence punishable under Sections 417, 420, 467, 468, 471, 191, 200, 504, 506 & 193 read with 34 of I.P.C.”
Most damningly and briefly stated, the Division Bench appeared most agitated to point out in para 3 that, “While hearing the Petition, the following disturbing features came to our notice.
3.1) The First Information Report (F.I.R.) is a replica of private complaint lodged by the Respondent No. 2. The first line of the F.I.R. on Page No. 15 of the Petition is then mentioned in detail.
3.2) The last five lines of the F.I.R. on Page No. 16 of the Petition are then mentioned.”
Most forthrightly, the Division Bench laments pointing out in para 3.3 that, “It is clear that, the concerned Officer has not even taken pains to record the F.I.R. properly and has just copied the text of Complaint as it is, in the proforma F.I.R.”
Do note, the Division Bench notes in para 3.4 that, “At the time of filing of the Final Report under Section 173(II) of Cr.P.C., the Investigating Agency has maintained the following sections in it:
“417, 420, 467, 468, 471, 191, 200, 193, 504 & 506 read with 34 of I.P.C. and 4 & 25 of the Arms Act.””
Be it noted, the Division Bench notes in para 4 of this robust judgment that, “Upon a query by the Court to the learned A.P.P., as to which is the said document to which Section 467 of I.P.C. is applied, we have been pointed out Page No. 305 of the Petition. The said document is an Affidavit filed by the Petitioner No. 2 before the Executive Magistrate, Taluka-Maval, District-Pune.”
It is worth noting that the Division Bench most explicitly notes in para 4.1 of this courageous judgment that, “There is no allegation against any of the Petitioners that, they forged any document, which purports to be a valuable security or a will or an authority to adopt a son or to receive the principal, interest or dividends thereon or any other government instrument such as Bank Note, Hundi or Promissory Note and despite the said fact, Section 467 of I.P.C. is maintained in the Final Report by the Investigating Agency.”
Most remarkably, the Division Bench mandates aptly in para 4.2 of this notable judgment propounding pragmatically that, “According to us, dragging persons in criminal cases implicating them in the offences which are clearly not made out, causes immense mental agony and harassment to the person accused of such an offence and also violates his fundamental right under Article 21 of the Constitution of India.”
Most significantly and definitely so also most sagaciously, the Division Bench deems it fit to not to dither to point out in para 4.3 stating concisely that, “This is due to the sheer, obliviousness and non-application of mind by the concerned Officer. Section 467 of I.P.C. is the only section applied herein which is punishable with life imprisonment and therefore it changes the total complexion and/or gamut of the allegation against the Petitioners.”
As a corollary, the Division Bench then directs in para 5 of this commendable judgment that, “In view thereof, we deem it appropriate to bring the said fact to the notice of the Joint Commissioner of Police (Law and Order), Pimpri-Chinchwad, Police Commissionerate and direct him to file its reply to the present Petition and explain the afore-stated points noted by us.”
Most rationally, we see that the Division Bench while taking the right step in the right direction at the right time very courageously directs in para 5.1 stating that, “We direct the Joint Commissioner of Police (Law and Order) not to delegate his powers to any subordinate Officer/Officers for filing the reply.”
Further, it would be worthwhile to note that the Division Bench then urges in para 5.2 of this noteworthy judgment observing that, “If the Joint Commissioner of Police (Law and Order) finds that, in fact Section 467 of I.P.C. was not to be applied to the present crime, we request him to adopt appropriate remedial measures in that behalf and mention the same in his Affidavit.”
Furthermore, we need to note that the Division Bench then directs in para 5.3 of this learned judgment stating that, “The said Affidavit to be filed within a period of four weeks from today.”
What’s more, the Division Bench then deems it appropriate to also direct in para 6 of this scintillating judgment mentioning and adding that, “Stand over to 9th September 2024.”
Finally, we see that the Division Bench then rightly draws the curtains of this extremely relevant judgment clarifying in para 7 by directing that, “Ad-interim relief, if any granted earlier, to continue till then.”
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