Madhya Pradesh High Court Imposes ₹25K Cost On Police Officer For Furnishing Incorrect Information To Court

Justice Vishal Mishra was essentially dealing with an application under Section 482 of CrPC, moved by the Applicants seeking a modification in their bail order passed by the Court earlier. The bail application was allowed, subject to the verification of the fact that the Applicants were first time offenders. However, during the furnishing of bail, it was revealed that the Applicants weren't first time offenders.

The Counsel for the Applicants submitted that he was not privy to the said fact and therefore, he prayed before the Court for deleting the condition of being first offenders from the bail order. The Court, however, noted that from the perusal of the bail order, it could be seen that a specific statement was made at the time of argument that the Applicants were first time offenders-

"It is seen that the applicants have given incorrect information or suppressed the material information from his counsel itself which made the counsel to make such a statement before this Court. In such circumstances, the order dated 11.1.2022 has rightly been passed, but looking to the nature of offence committed by the applicants, this Court deems it appropriate to allow this application."

The Court then brought its attention to the SHO concerned, who had informed the Court that the Applicants did not have any criminal antecedents. The Court observed that the Officer had provided incorrect information to the Court and consequently, a cost of Rs.25,000 was imposed upon him-

"It is seen from the record sent by the concerning S.H.O. along with the case diary that the applicants are having no criminal past at Police Station-Moti Nagar, District-Sagar but the fact remains that on verification the learned trial court has found criminal cases registered against the present applicants. In such circumstances, the incorrect information has been sent by the concerning S.H.O. to the Advocate General Office suppressing the factum of criminal antecedents of the present applicants. In such circumstances, this Court deem it appropriate to impose the cost of Rs.25,000/- (Twenty Five Thousand) upon the concerning Station House Officer, Police Station Moti Nagar, District Sagar to be deposited in the account of Shri Rajkumari Bai Bal Niketan, to be deposited within seven days from the date of communication of the order passed by this Court."

With respect to the application under Section 482 CrPC, the Court allowed the same by deleting the condition of the Applicants being first time offenders from their bail order.