The Madhya Pradesh High Court has dropped the contempt proceedings
against Riyaz Iqbal, Superintendent of Police, Singrauli and Anjana
Dubey, Sub Inspector/Investigating Officer relating the case of putting seal on the lock of the residence of a Judicial Officer in Ajaygarh, Panna.
A division bench comprising Chief Justice Ravi Malimath and Justice Vishal Mishra said the conduct of the Investigating Officer to put a seal on the lock of the residence of the judicial officer was only to the extent in order to prevent the law and order situation at that point of time.
Having considered the affidavits as well as the material on record, we do
not find any reason to proceed further in the matter, the bench said.
The Superintendent of Police has categorically stated that there was no direction to the Investigating Officer to put a seal on the lock. Even then the Investigating Officer having put a seal has having realized his mistake offered an apology to the Superintendent of Police. The apology has since been accepted by the Superintendent of Police, the court order said.
Therefore, prima facie we do not find that there is any ground to proceed further so far as Section 2(c) of the Contempt of Court Act. Under these circumstances, the contempt proceedings against Shri Riyaz Iqbal, Superintendent of Police, Singrauli and Ms. Anjana Dubey, Sub Inspector/Investigating Officer are dropped, the court order said.
The material on record would indicate that there were allegations against the Superintendent of Police, Panna to the effect that a seal has been put by the Investigating Officer on the lock of the residence of the Judicial Officer Shri Manoj Soni at Ajaygarh, the court order said.
M.Cr.C No. 25202 of 2018 was filed by the accused namely the Judicial Officer seeking to quash the FIR lodged against him for offences punishable under relevant sections of the IPC and sections 3 and 4 of the Dowry Prohibition Act, 1961 on various grounds, the court order said.
The affidavit filed by the Superintendent of Police, Panna would indicate
that without his consent the Investigating Officer has put a seal on the lock of the residence of the complainant. The affidavit of the Investigating Officer has also been filed. He has indicated that he apprehended a law and order situation, the court order said.
That the complainant was putting undue pressure on him in order to put a seal on the lock. Also the local villagers were present therein and the mood was very agitated. Therefore, in order to control the menace the seal has been put. The lock was already put on the gate of the house, the court order said.
Therefore, it is not a case that the Investigating Officer has locked the premises. In fact, the premises was already locked. He has only affixed a seal. Thereafter, it is submitted that an apology was furnished to the Superintendent of Police that an error has been committed in doing so but the same was done in order to prevent the law and order situation at that point of time, the court order said.