SC stays MP HC order penalising cop for carrying out 'misguided investigation'

The Supreme Court has stayed an order of the Madhya Pradesh High Court which imposed a cost of Rs 1 lakh on a police officer for carrying out a “misguided investigation” in a case of kidnapping and murder of two girls while acquitting the accused in the matter.

A Bench of Justices K V Viswanathan and P B Varale was hearing a plea filed by police inspector Chain Singh Uikey, challenging the order of the high court which overturned the death sentence of a man convicted of kidnapping and murdering two girls, ruling that the police investigation was malicious.

The top court issued notice to the MP Police and sought its response.

“The limited grievance of the petitioner is that, without giving any opportunity, the High Court has made adverse observations in paragraphs 55 and 57(iii) of the impugned judgment and order and has also imposed a cost of Rs 1,00,000, to be recoverable from the petitioner...Issue notice.

“Until further order, there shall be stay of paragraph 57(iii) of the impugned judgment and order passed by the High Court,” the Bench said.

The top court was hearing a plea filed by the police officer through advocate Ashwani Dubey, who contended that the high court made a sweeping observation without any supporting material, disciplinary enquiry or factual finding.

During the hearing, Dubey argued that no opportunity was given to the petitioner and serious prejudice was caused to him.

The case dates back to April 4, 2022, when the bodies of two girls aged five and three years were found in Kudwa canal of Rajiv Sagar dam in Mahakepar outpost area of Tirodi police station in Balaghat district.

According to the police investigation, both girls were last seen with their uncle. After this, the police arrested the uncle and charged him with kidnapping and murder. A special court of Balaghat sentenced him to death on January 31, 2024.

The high court overturned the death sentence noting that the police investigation was malicious and negligent, forcing an innocent man to spend three-and-a-half years in jail.