Bombay High Court Summons Police Officer Who Allegedly Ignored Hospital Record & 'Maliciously' Chargesheeted NDA Professor In Forgery Case

The Bombay High Court recently issued a contempt notice to a police officer who allegedly maliciously prosecuted a National Defence Academy Professor for forgery and did not comment on the issue in his affidavit when the court sought an explanation for his conduct.

A division bench of Justice Nitin W Sambre and Justice RN Laddha observed that Anand Pagare, the concerned Investigating Officer, prima facie filed the charge sheet maliciously despite the hospital informing him that records of the disability certificate had been found.

“The aforesaid act on the part of the Investigating Officer is in contempt of the order dated 8th February, 2019. Not only the aforesaid contemptuous act which can be prima facie inferred, the said Officer prima facie appears to have maliciously filed charge-sheet against the petitioner…we deem it appropriate to issue contempt notice to Anand M. Pagare who at the relevant time was posted as Assistant Police Inspector at Hinjewadi Police Station, Pune viz. on the date of swearing and filling of the affidavit dated 4th April, 2019,” the court observed.

Kamal Chandra Tiwari, a Professor at NDA, Pune had submitted a disability certificate dated December 1, 2012, issued by Sassoon Hospital, Pune, certifying a 41% disability. However, when the certificate was sent for verification, its original record could not be located at Sassoon Hospital.

Thus, NDA lodged a complaint alleging that the certificate produced by Tiwari was forged, and a case was registered at the Khadakwasla Police Station for offences under Sections 420 (cheating), 467 (forgery), 468 (forgery for purpose of cheating), and 471 (using a forged document or electronic record as genuine) of the IPC.

Sassoon Hospital on September 9, 2016, informed the Investigating Officer (IO) that the original record of the certificate had been traced. However, the IO allegedly ignored this and filed a charge-sheet before the Judicial Magistrate First Class on July 27, 2017.

Thus, the petitioner approached the court alleging that he was maliciously prosecuted and sought the case to be quashed.

The court on February 8, 2019 issued notice to Anand M Pagare, the concerned IO, seeking his explanation. However, in his affidavit dated April 4, 2019, Pagare, who was an Assistant Police Inspector at Hinjewadi Police Station, Pune, did not comment on whether he looked into the record of the Sassoon Hospital regarding the disability certificate before filing the charge-sheet.

Taking serious issue with this, the court said that the Pagare is prima facie in contempt of the order dated February 8, 2019. The court further opined that prima facie, he maliciously filed the chargesheet against the petitioner.

Therefore, the court directed Pagare to appear physically in the court to address why criminal proceedings should not be initiated against him for maliciously prosecuting Tiwari, ignoring statutory obligations under the CrPC.

Furthe, the court issued a show cause notice to Pagare as to why he should not be made to pay a compensation of Rs. 10,00,000/- to Tiwari for the serious default in his duties.

“Let the aforesaid notice be issued through the Commissioner of Police, Pune, calling upon him (Anand Pagare) to physically remain present before this Court so as to enable this Court to frame charge against him for contemptuous act and also as to why he should not be proceeded against for filing of criminal proceedings for malicious prosecution of the petitioner ignoring his statutory obligation and duties under the provisions of Criminal Procedure Code. He should also be put to notice that as to why he should not be directed to pay a compensation of Rs.10,00,000/- to the petitioner in view of aforesaid serious default”, the court directed.

The court ordered the Commissioner of Police, Pune, to serve the contempt notice to Pagare and submit a compliance report by July 13, 2023.

The court stayed further criminal proceedings against Tiwari until the contempt issue is resolved and posted the matter for further hearing on July 13, 2023.

Case no. – Criminal Writ Petition No. 1124 of 2018

Case Title – Kamal Chandra Tiwari v. State of Maharashtra & Anr.