The Madhya Pradesh High Court has come down heavily on a senior Indian Police Service (IPS) officer for withholding crucial evidence in a 2017 Datia murder case, ordering a departmental inquiry against him and imposing a fine of ₹5 lakh. The court also directed the Director General of Police (DGP) to consider whether such officers should continue to serve in the police force.
In an order dated April 16, 2025, Justice G.S. Ahluwalia of the Gwalior Bench held that Mayank Awasthi, who was the Superintendent of Police (SP) of Datia at the time and is now posted as Deputy Inspector General (DIG), had “deliberately obstructed the investigation and misled the trial court by withholding important records,” thereby violating the fundamental rights of a free and fair investigation.
Background of the Case
The case stems from a murder that took place under Deepar Police Station limits in Datia district on September 24, 2017. The petitioner, Manvendra Gurjar, an accused in the case, challenged the prosecution’s claim regarding the date and location of the incident, asserting that he was elsewhere on the date of the alleged crime, and that the deceased, the injured person, and a key witness were in Amayan, Bhind district, and not in Datia.
According to Gurjar, requests were made to preserve and produce call detail records (CDRs) and mobile tower location data to support his claim. On September 7, 2018, the trial court directed that this information be preserved. However, police later informed the court that the tower location data had not been saved, leading to the rejection of Gurjar’s application and prompting him to approach the High Court.
When the High Court sought responses, the then in-charge of Deepar Police Station failed to provide a satisfactory explanation. The court then asked for a reply from IPS officer Awasthi, who also failed to give a credible response.
Court’s Observations and Directions
In its strongly worded order, the High Court remarked that Awasthi’s conduct appeared to benefit one party, stating:
He has violated the fundamental rights of free and fair investigation. One family has lost its member while the other is facing charges that could lead to life imprisonment or the death penalty.
Justice Ahluwalia imposed a personal cost of ₹5 lakh on Awasthi, directing him to deposit the amount within one month. The court warned that failure to comply would result in coercive recovery proceedings and initiation of contempt of court proceedings. The amount, once deposited, will be awarded to the party that succeeds in the case.
The court further ordered a departmental inquiry against DIG Awasthi, stating that the inquiry must ascertain his “objectives and possible misconduct.” In a stern directive to the state police chief, the court said:
It is for the DGP to decide whether such persons should be retained in the police force.
Further Directions
- The current Superintendent of Police, Datia, has been directed to provide the CDRs and mobile location records within 10 days.
- The DGP has been directed to update the court on the status of compliance and investigation progress by May 20, 2025.
