The Madhya Pradesh High Court has directed an inquiry into the conduct of a trial court judge and clerk for mishandling case proceedings in a cheating case. Justice G.S. Ahluwalia, while hearing a bail application, uncovered serious irregularities in the trial court’s handling of the case, leading to this unprecedented move.
Background of the Case
The case stems from a bail application filed by Ranjeet Singh Johal, the accused in Crime No.891/2023 registered at Police Station Nishatpura, District Bhopal. Johal was arrested on October 6, 2023, for offenses under Sections 420 and 406/34 of the Indian Penal Code. The allegations against him involve taking vehicles on rent and subsequently mortgaging them for financial gain.
Key Legal Issues and Court’s Decision
1. Mishandling of Case Proceedings: The High Court discovered that the trial court had erroneously scheduled the case for recording evidence instead of framing charges on multiple occasions. Justice Ahluwalia observed, “It appears that order sheets dated 24.02.2024, 09.03.2024 and 23.03.2024 were written by the clerk, which were blindly signed by the trial Court”.
2. Inquiry Ordered: The court directed the Principal District and Sessions Judge, Bhopal, to conduct an inquiry into the circumstances surrounding the writing and signing of these order sheets. If negligence is found on the part of the trial court judge, the report is to be submitted to the Chief Justice for administrative action.
3. Departmental Proceedings: The High Court also instructed that if the clerk is found responsible for writing incorrect order sheets, departmental proceedings should be initiated against them.
4. Bail Application: Despite the procedural irregularities, the court dismissed Johal’s bail application, citing the nature of allegations against him and the fact that a co-accused had absconded.
Important Observations by the Court
Justice Ahluwalia made several critical observations:
1. On the trial court’s conduct: “This conduct of the trial Court cannot be appreciated”.
2. Regarding the handwritten order sheets: “It is clear that whatever order sheets were dictated by the trial Court were duly typed but it appears that order sheets dated 24.02.2024, 09.03.2024 and 23.03.2024 were written by the clerk, which were blindly signed by the trial Court”.
3. On the issuance of summons: “On 14.06.2024, it was mentioned that the summons issued to the witnesses have not been received back but from order dated 31.05.2024 it appears that no summons were issued at all. Therefore, prima facie it appears that the observation made by the trial Judge on 14.06.2024 was not correct”.
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Case Details
– Case Number: MISCELLANEOUS CRIMINAL CASE No. 29009 of 2024
– Bench: Hon’ble Shri Justice G. S. Ahluwalia
– Parties: Ranjeet Singh Johal (Applicant) vs. The State of Madhya Pradesh (Respondent)
– Lawyers: Shri Shafiqullah (for the applicant), Shri K.S. Baghel (Public Prosecutor for the respondents/State)
