MP HC imposes Rs 5 lakh fine on IPS officer for "suppressing" probe record, orders inquiry

Bhopal, April 17 (IANS) In a major judicial directive, the Gwalior Bench of the Madhya Pradesh High Court has imposed a fine of Rs 5 lakh on senior IPS (Indian Police Service) officer Mayank Awasthi, currently DIG (deputy inspector general) of Bhopal, for “deliberately obstructing an investigation and misleading the Trial Court by withholding crucial records”, in a critical murder case investigation when he was posted as Superintendent of Police (SP) in Datia.

The court also ordered to “initiate a departmental inquiry against the IPS officer”.

The court has ordered the officer to deposit the fine within one month, warning that failure to comply would lead to proceedings for recovery of the amount and the “registration of a separate contempt of court case”.

The court reprimanded Awasthi, accusing him of “suppressing records”, including call details and mobile location data, which were vital to the investigation. This information, as per a trial court directive issued on September 7, 2018, was to be preserved but was instead withheld despite Awasthi receiving it on September 17, 2018.

Furthermore, the Director General of Police has been instructed by the High Court bench to initiate a departmental inquiry against Awasthi to determine his “motives” and potential “misconduct”.

The court has also observed that it is for the Director General of Police to decide whether such types of persons are to be retained in the Police Department or not.

The High Court has asked the present Superintendent of Police, Datia, to provide the complete records of call details and mobile locations related to the case within 10 days from April 16.

A charge sheet against Awasthi must also be prepared, and the Director General of Police has been instructed to inform the court by May 20, 2025, on the progress of the inquiry. The court observed that Awasthi's actions suggest a “deliberate” attempt to either protect the accused or shield the complainant, raising serious concerns about his conduct.

A detailed inquiry has been deemed necessary to uncover the full extent of his “motives”.

The order pertains to a murder case in which the applicant Manvendra Singh faces trial for charges under Sections 147, 148, 149, 294, 307, 336, and 302 of the IPC for the murder of Kailash and the attempted murder of the complainant.

An application on August 13, 2018, claimed that the incident allegedly occurred on September 24, 2017, in Datia, though evidence suggested the deceased and injured were in Amayan, Bhind, at the time. But the Investigating officer, by suppressing the material fact, showed that the incident took place within the territorial jurisdiction of Police Station Deepar, District Datia (MP) and accordingly, it was prayed that call details and mobile locations of certain mobile numbers, CDRs (call detail record) may be preserved to show that the injured and witnesses were not present at the place where the incident is alleged to have taken place.

Accordingly, the Trial Court by order dated September 7, 2018, directed that the call details and mobile location of the aforesaid mobile numbers and SIM numbers be preserved. Despite compliance efforts, the Cyber Cell later reported that the data could not be retrieved as it was over two years old. The case remains under scrutiny.

--IANS

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