Incomplete/Material Omissions In Case Diary Hamper Administration Of Justice: MP High Court Orders Issuance Of Directions To Police Stations

Observing the trend of sending either incomplete case diary or material omissions in the case diary which hampers the administration of justice, the Madhya Pradesh High Court (Gwalior Bench) recently directed for issuance of necessary directions to police stations in this regard.

Essentially, the Bench of Justice Anand Pathak was hearing the third bail application filed by one Surendra Rawat, who was arrested in June 2021 by Shivpuri Police in connection with a case registered under Sections 8, 21 NDPS Act.

It may be noted that the earlier bail plea of the applicant accused was dismissed in September 2021 on the basis of his criminal record (as recorded in the Case diary). However, when the case dairy again came before the Court (in the instant plea), then at that point of time, no criminal history was reflected in the diary.

In view of this, the Court called for an affidavit of SHO, Police Station Physical, Shivpuri asking him as to whether the accused has any criminal history or not.

Pursuant to the Order of the Court, the SHO, Police Station filed an affidavit and said that a wireless message regarding no criminal history of the applicant was sent by Constable, Karera and the same was recorded by him in the case diary.

It was further submitted that since the concerned Constable did not state the correct facts and on wireless reply referred the fact that applicant does not bear any criminal record, therefore, believing the same, SHO, Police Station referred the fact about the applicant as a man of no criminal background.

Lastly, the SHO, Police Station Physical tendered an apology for his mistake and submitted that next time he will improve upon the system and would not repeat the lapse in the future.

In view of this, the Court, Granting him bail, noted that the accused had been suffering confinement since June 2021 had a criminal record for minor offences therefore, a chance could be given to him to reform himself and for course correction.

Allowing the application, it was directed that he shall be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with two solvent sureties each of Rs.50,000/- of the like amount to the satisfaction of the Trial Court concerned.

However, the Superintendent of Police, Shivpuri was directed to take note of the situation and issue necessary directions to all the police stations about the prompt and fair response in respect of case dairy and criminal record, if any, of accused who is seeking bail.

The Court also directed for an inquiry against the Constable- Lokendra Singh-Batch No.660, Police Station Karera and thereafter, ensure appropriate action if any officer including the constable is found guilty of the misconduct.

Case title - Surendra Rawat Vs. The State of M.P

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