"High Court Took An Extreme View": Supreme Court Quashes FIR Against Former Sarpanch Over Report Filed Before High Court

The Supreme Court has set aside a Madhya Pradesh High Court's order directing an inquiry and police investigation against a former Sarpanch for allegedly providing incorrect information in a bail application regarding the convict’s family relationship with a woman who was to get married, for the purpose of suspension of sentence to attend marriage.

The Bench of Justice Abhay S. Oka and Justice N.K. Singh ruled that the appellant, who was the Sarpanch of a village, had merely furnished information within his knowledge and had not provided incorrect details.

“The High Court took an extreme view of the matter by directing an inquiry and ordering the registration of an FIR against the appellant,” the Court observed.

AoR Gopal Verma appeared for the petitioner and AAG Amit Sharma appeared for the respondent. 

The case stemmed from an application filed by a convict (second respondent) seeking suspension of his sentence for 15 days to attend the wedding of his alleged niece and perform the ritual of "Kanyadan."

The appellant, in his official report, stated that the second respondent was not related to the bride’s father and had included his name on the wedding invitation solely to obtain bail. The High Court later initiated proceedings against the Sarpanch for allegedly furnishing misleading information and an FIR was registered against him.

However, the Court held that the information provided by the appellant was not incorrect and quashed both the High Court's directions and the FIR registered against him. “All that the appellant did was to furnish information within his knowledge,” the Court noted while allowing the appeal.

"The information which he furnished by way of a certificate was that the second respondent had no relation with the father of the bride, and the second respondent did not have any sibling. The said information was not incorrect," it further noted. 

With this the Court directed all related proceedings against the former Sarpanch stand annulled. "Therefore, the impugned order, insofar as the directions issued against the appellant in paragraphs 27 and 28 is concerned, is required to be set aside. Ordered accordingly," the Court said. 

Furthermore, the Court said, "We are informed across the bar that a First Information Report (FIR) has been registered against the appellant on the basis of direction contained in paragraphs 28 of the impugned order. Even the FIR and proceedings based thereon are hereby quashed. The appeal is accordingly allowed on above terms."

Cause Title: Mahipal Singh v. The State of Madhya Pradesh & Ors. [Special Leave to Appeal (Crl.) No. 3644/2020]

Appearance:-

Petitioner: Advocates Nikhil Tyagi, Kirti Sharma, Gopal Verma (AOR)

Respondent: AAG Amit Sharma, Advocates Yashraj Singh Bundela (AOR), Surjeet Singh, Saloni, Rohan Singla, M/S. Corporate Legal Partners (AOR), Vikas Kumar, Manish Paliwal, Kedar R Seludkar, Arun Kumar

Click here to read/download the Order