Madhya Pradesh High Court Directs State to Pay Rs 20 Lakh as Compensation To Persons Imprisoned For 20 Months in Frivolous Case
The Madhya Pradesh High Court, Indore Bench, recently directed the State to pay Rs.20 Lakh each to two individuals who were kept in prison for 20 months in a frivolous case filed against them at the “whims and caprice” of the police. It further granted liberty to the State to proceed against the erring officer to recover the amount from him in accordance with law.Justice Subodh...
The Madhya Pradesh High Court, Indore Bench, recently directed the State to pay Rs.20 Lakh each to two individuals who were kept in prison for 20 months in a frivolous case filed against them at the “whims and caprice” of the police.
It further granted liberty to the State to proceed against the erring officer to recover the amount from him in accordance with law.
Justice Subodh Abhyankar observed that the police had carried out the investigation with mala fide intentions to falsely implicate the individuals for ulterior motives which amounted to malfeasance.
"It is worth mentioning here that the petitioners were arrested on 02.11.2019 and were subsequently released on bail by this Court only on 15.07.2021 ..., thus, they have been imprisoned for a period of 1 year and 8 months in this frivolous case lodged only at the whims and caprice of the concerned police officers. This Court is of the considered opinion that the investigation was apparently carried out with malafide intentions and there was no reason for the concerned police officer to apprehend the container backed by valid documents and count each and every one of 1600 boxes to come to a conclusion that there is a short fall of 59 boxes out of 1600 boxes, and this shows the deliberate attempt of the concerned police officers to falsely implicate the petitioners for ulterior motives which amounts to misfeasance, and considering the fact that the petitioners have spent more than 1 year and 8 months in jail, in clear violation of the their fundamental right guaranteed under Art.21 of the Constitution"
The applicants were accused of offences punishable under Section 420, 467, 468 of IPC and Section 34(2) of M.P. Excise Act. It was the case of the prosecution that the accused were illegally transporting liquor without proper documents. It was also alleged that the quantity of liquor that they were carrying was less than quantity mentioned in the permits.
A charge-sheet in respect to the allegations was also filed. The applicants moved the high court, praying that the FIR and the subsequent proceedings against them be quashed.
It was submitted before the court that a bare perusal of the charge-sheet filed against them would reveal that they were carrying all the documents and permits required for transportation of their consignment. It was pointed out that the accused were drivers acting on behalf of the Kerala State Beverages Corporations.
The applicants relied on the statement of the IO wherein he admitted that the liquor was being transported with all the valid documents. His only objection was with respect to the applicants transporting sacks of garlics, thereby violating the permit condition.
Examining the submissions of parties and documents on record, the court said applicants were carrying proper documents and permits related to the consignment.
"For the reasons as assigned herein above in respect of the documents filed in the charge-sheet, this court has no hesitation to hold that it is a fit case to invoke the inherent powers of this court under s.482 of Cr.P.C., to further prevent the abuse of the process of court, as it would be in the interest of justice only that these proceedings are snapped here and now only. Accordingly, the petition stands allowed and the charge-sheet filed against the petitioners for offences under Sections 420, 467, 468, of IPC and Section 34(2) of M.P. Excise Act, 1915 arising out of the FIR No.251/2019 registered at Police Station Nagalwadi, District- Barwani (M.P.) is hereby is quashed."
The court then turned its attention to “plight, indignity and despair” that the applicants had to suffer.
It considered the case of the applicants in the backdrop of the decision of the Apex Court in Rini Johar & Ors. v. State of Madhya Pradesh & Ors. The court observed that there has been a clear violation of fundamental rights of the applicants under Article 21 of the Constitution of India and they ought to be compensated for the same.
Accordingly, the court imposed a heavy cost on the State, directing it to pay Rs 20 Lakh to each of the applicants within two months as compensation. It further held that it would be open to the State to proceed against the erring officer, and recover the said amount from him after due process of law.
Case Title: Sakul Hamid & Anr. v. State of Madhya Pradesh
Citation: 2023 LiveLaw (MP) 33