NDLI: Somesh Chaurasia Vs. State of M.p. & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Code of Criminal Procedure 1973: s.389 to frame serious charges
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Code of Criminal Procedure, 1973: s.389 (1) – Prosecution case was that the second respondent was convicted under s.302 IPC and awarded life imprisonment – By order dated 3.2.2016, High Court directed that the sentence shall during the pendency of appeal remain suspended under s. 389(1) – Two applications were filed before High Court for cancellation of bail and revocation of order dated 3.2.2016 suspending the sentence of second respondent inter- alia on ground that after the sentence was suspended, an FIR was registered against the second respondent at the behest of the appellant alleging that the second respondent was involved in the murder of his father during the period when his sentence was suspended – By impugned order, High Court declined to entertain the application for revocation of suspension of sentence/grant of bail and allowed him to continue on bail until his claim that he was being falsely implicated was first investigated in ninety days – Hence the instant appeal – On 12.2.2021, the appellant apprised this Court that by order dated 8.1.2021, ASJ issued summons to second respondent under s.319 in the course of session trial arising out of charge-sheet – However, second respondent was resisting arrest – In order dated 8.2.2021, the ASJ expressed serious apprehension that the accused (second respondent) and the Superintendent of Police had colluded with the subordinates of the latter “to frame serious charges” against the judge – The Director General of Police of Madhya Pradesh was directed “to immediately ensure the arrest of the second respondent and report compliance by filing a personal affidavit in this Court” – Second respondent was ostensibly arrested from bus stand after lot of efforts – Held: The High Court by declining to revoke suspension of sentence had clearly transgressed into an unusual domain – High Court in effect stultified the administration of criminal justice – This order had the effect of obstructing a fair investigation into the FIR at the behest of the accused despite the nature and gravity of the allegations against him – High Court erred in passing its directions which were misused to defeat the investigation – The police submitted a closure report absolving the second respondent – Thereafter, despite the order under s.319, the second respondent evaded arrested in contravention of the warrant of arrest which was issued by the ASJ – The facts indicated that the police was complicit in shielding the second respondent – The criminal antecedents of the second respondent and the prior conviction on a charge of murder were adverted to – The second respondent, whose spouse was an MLA, was provided security by the State – The DGP was sanguine in informing this court that the second respondent could not be arrested despite the directions issued by this Court – It was only after this Court issued a peremptory direction indicating recourse to the coercive arm of law that the second respondent was arrested, ostensibly from a bus- stand – The material on the record indicated that an effort was made to shield the accused from the administration of criminal justice – The apprehensions expressed by the ASJ in his order dated 8.2.2021 of the machinations of a highly influential accused evading the process of law are amply borne out by the facts – There was no reasonable basis to doubt the anguish and concern of a judicial officer – That the State did not oppose the application under s.319 CrPC is a feeble attempt to justify the inaction of the police – Unfortunately, High Court failed in its duty to ensure that the sanctity of the criminal justice process is preserved. A Judiciary: Independence of judiciary – Judicial independence of the district judiciary is cardinal to the integrity of the entire system – If the faith of the citizen in the administration of justice has to be preserved, it is to the district judiciary that attention must be focused as well as the ‘higher’ judiciary – The district judiciary operates under the administrative supervision of the High Court which must secure and enhance its independence from external influence and control – This compartmentalization of the judiciary and executive should not be breached by interfering with the personal decision- making of the judges and the conduct of court proceedings under them.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2021 INSC 349
Petitioner	Somesh Chaurasia
Respondent	State Of M.p. & Anr.
SCR	[2021] 6 S.C.R. 692
Judgement Date	2021-07-22
Case Number	590-591

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Somesh Chaurasia Vs. State of M.p. & Anr.

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Somesh Chaurasia Vs. State of M.p. & Anr.

Somesh Chaurasia Vs. State of M.p. & Anr.

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