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Kamta Prasad Tiwari vs. State of M.P & Ors.
W.P. No.9660/2010
27.08.2010
Shri Anil Kumar Tiwari, learned counsel for the petitioner.
Shri S. S. Bisen, learned Govt. Advocate, for the
respondent/State.
Shri Shailendra Verma learned counsel for respondent
no.5.
Heard on the question of admission and interim relief.
The petitioner has filed this petition alleging that
respondent no.5 tried to commit murder of the petitioner while in
judicial custody and, therefore, a criminal case be directed to be
registered against him and security be provided to the petitioner.
It is submitted by the learned counsel for the petitioner
that the petitioner was arrested on 4.7.2010 and a first
information report was lodged against him by Dr. Satish Nema
alleging assault by the petitioner. It is alleged that on 6.7.2010
while the petitioner was in jail respondent no.5 used abusive
languages against him and thereafter with the help of some
constable beat him up on account of which the petitioner
sustained severe injuries over vital parts. It is further stated that
on 7.7.2010 the petitioner was granted bail and was thereafter
released on 8.7.2010. Thereafter the petitioner immediately
filed a report before the concerned authorities but no action
thereon has been taken by the concerned authorities. In such
circumstances, it is prayed that the respondent authorities be
directed to initiate proceedings against respondent no.5 and
take appropriate action in that respect.
A return has been filed by respondent no.5 clearly stating
that on 4.7.2010 the petitioner, who was in a drunken state,
assaulted the doctor at Government Hospital, Bina who reported
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Kamta Prasad Tiwari vs. State of M.P & Ors.
the matter to the police authorities. It is further stated that the
petitioner, not being satisfied with the assault on the doctor,
thereafter assaulted the police constables who reached the spot
on a report been made by the said doctor and it was only after
some serious efforts, which lasted for about half an hour, the
petitioner was taken to the Sub Jail in a drunken state. It is
further submitted that at the time of lodging the petitioner in jail
he was examined and also a MLC report was called for which
clearly indicates that the petitioner had already received the
injuries on his person which he alleges were afflicted by
respondent no.5. Respondent no.5 has stated that Crime
No.307/2010 for offences punishable under sections 353, 294
and 506/34 of the Indian Penal Code was registered against the
petitioner on the complaint of the doctor and he was taken into
custody at 6.30 P.M. It is submitted that the petitioner is a
habitual criminal and as many as 49 cases have been
registered against him and cases under NSA are also pending
against him. Respondent no.5 has categorically denied the
allegations of the petitioner regarding any attempt on his part to
commit murder of the petitioner.
On 21.7.2010 this Court had directed respondent no.1 to
depute a senior responsible officer to enquire into the
allegations made by the petitioner and submit a report on the
next date of hearing.
In compliance of the order passed by this Court
respondent no.1 got an enquiry conducted through Shri A. K.
Khare, Additional Inspector General of Police (Jail),
Headquarter Bhopal who has submitted a report to the effect
that the allegations made by the petitioner are false; that he had
assaulted Dr. Satish Nema in the Government Hospital in a
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Kamta Prasad Tiwari vs. State of M.P & Ors.
drunken state and thereafter also assaulted the police officer;
and that the alleged injuries on his person were received much
prior to the lodging of the petitioner in jail on 4.7.2010. The
enquiry Officer has examined other convicts lodged alongwith
the petitioner in jail who has also stated in their statement that
the petitioner was not subjected to any kind of ill-treatment at
the hands of respondent no.5 or for that matter any jail
authorities. The enquiry officer has also recorded the statement
of Dr. Satish Nema who was assaulted by the petitioner and
who conducted the MLC of the petitioner to establish the fact
that the allegations of the petitioner are incorrect.
On the last date of hearing, in view of the specific
averment of respondent no.5 in his return to the effect that the
petitioner had already filed a complaint case under section 200
of the Code of Criminal Procedure in the Court of Judicial
Magistrate First class, Khurai, the learned counsel for the
petitioner has sought time to verify the aforesaid aspect. When
the matter was taken up today, the learned counsel for the
petitioner has not made any statement denying the same.
In view of the aforesaid, it is clear that the petitioner has
already taken up all these issues in the complaint case filed by
him before the Judicial Magistrate First Class, Khurai, which is
pending adjudication.
In such circumstances, as the petitioner has already
taken up the matter by filing a complaint case, parallel
proceedings in the form of the present petition cannot be
permitted. The petition, filed by the petitioner, is accordingly
dismissed with liberty to the petitioner to take up all the issues
before the Judicial Magistrate First Class, Khurai, in the
complaint case filed by him.
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Kamta Prasad Tiwari vs. State of M.P & Ors.
It is made clear that this Court has not expressed any
opinion on the merits of the case and has left the issue open.
With the aforesaid liberty the petition, filed by the
petitioner, stands dismissed.
C.C as per rules.
( R. S. JHA )
JUDGE
mms/-