Rajasthan High Court - Jaipur
Sunil Kumar vs State Of Raj And Ors on 24 January, 2019
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 2423/2017
Rameshwar Lal S/o Devaram, R/o Village Dudhwa Tehsil
Dantaramgarh, District Sikar.
----Petitioner
Versus
1. State Of Rajasthan Through P.p.
2. Sunil Kumar S/o Satyanarayan, R/o Village Dudhwa Tehsil
Dantaramgarh, District Sikar.
----Respondents
Connected With S.B. Criminal Miscellaneous (Petition) No. 3252/2018 Sunil Kumar S/o Shri Satya Narain Rana B/c Rana, R/o Dudhwa, Tehsil Dantaramgarh, District Sikar, Raj.
----Petitioner Versus
1. State Of Rajasthan Through Pp.
2. Director General Of Police, Rajasthan, Jaipur.
3. Superintendent Of Police, Sikar, District Sikar, Raj.
4. SHO, Police Station Dantaramgarh, District Sikar, Raj.
----Respondents S.B. CRLMP No.2423/2017 :
For the Petitioner : Mr. Amit Ji`ndal For the Respondent : Mr. Amit Singh Shekhawat For the State : Mrs. Meenakshi Pareek, P.P. S.B. CRLMP No.3252/2018 :
For the Petitioner : Mr. Sunil Kumar Sharma & Mr. Amit Singh Shekhawat For the State : Mrs. Meenakshi Pareek, P.P. HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA / Order (Downloaded on 05/06/2021 at 10:44:06 PM) (2 of 3) [CRLMP-2423/2017 24/01/2019 S.B. Criminal Miscellaneous (Petition) No.2423/2017:
Instant petition has been preferred under Section 482 Cr.P.C. seeking quashing of impugned F.I.R. No.68/2017 registered at Police Station Dantaramgarh District Sikar for offences punishable under Sections 420, 467, 468, 471 and 120-B of Indian Penal Code.
This Court on 11.01.2019 had passed the following order :- "S.I. Shabbir Khan, SHO, Police Station Dataramgarh, District Sikar, has submitted that investigation of FIR No.68/2017 is being carried by Shri Dinesh Agrawal, Addl. Superintendent of Police, Neem Ka Thana, District Sikar. Shri Shabbir Khan has stated that as per investigation carried till today, no witness has stated that the petitioner has misused the office of Sarpanch held by the wife of his nephew.
List on 24.01.2019. On the said date, Shri Dinesh Agrawal, Addl. Superintendent of Police, Neem Ka Thana, District Sikar, shall remain present in this court alongwith record of the case.
A copy of this order under the seal and signature of Court Master, be handed over to Shri V.S. Godara, learned PP, for onward transmission and necessary compliance."
In pursuance of the said order, Mr. Dinesh Agarwal, Additional Superintendent of Police, Neem-Ka-Thana, District Sikar, being Investigating Officer of the case, is present in person before this Court.
The Investigating Officer present in person, has stated that the report of F.S.L. has been received and as per the said report, signatures of Sarpanch have been forged. The Investigating Officer has further stated that till today, there is no evidence that the petitioner had appended any forged signatures.
The learned counsel appearing for the petitioner has submitted that earlier F.I.R. (Annexure-7) was registered against the petitioner in which similar allegations have been levelled. Counsel has further submitted that in the said F.I.R., a Final Report in negative form was submitted.
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(3 of 3) [CRLMP-2423/2017 The Investigating Officer present in person, has stated that the investigation is being carried under the supervision of the Deputy Inspector General of Police. The Investigating Officer present in person has assured this Court that before arriving at any conclusion, F.I.R. (Annexure-7), along with the report submitted therein shall be taken into consideration. The Investigating Officer present in person, has further stated that as on today, the petitioner is not required for 'further investigation'. The Investigating Officer has assured this Court that as and when the Investigating Agency comes to a conclusion that the arrest of the petitioner is to be affected, a fifteen-days prior notice shall be given to the petitioner to enable him to approach the Court of competent jurisdiction for grant of pre-arrest bail.
A very fair stand has been taken by the Investigating Officer present in person.
Counsel appearing for the petitioner prays that in terms of the statement made by the Investigating Officer present in person, the present petition be disposed of, with liberty to the petitioner to re- approach this Court.
Ordered accordingly.
S.B. Criminal Miscellaneous (Petition) No.3252/2018: The learned counsel appearing for the complainant/ petitioner has submitted that the present petition be disposed of, in terms of the separate order of even date passed in S.B. Criminal Miscellaneous (Petition) No.2423/2017, titled as Rameshwar Lal Vs. State & Another.
Ordered accordingly.
Let a copy of this order be placed in the connected petition.
(KANWALJIT SINGH AHLUWALIA),J.
ashok (Downloaded on 05/06/2021 at 10:44:06 PM) (4 of 3) [CRLMP-2423/2017 (Downloaded on 05/06/2021 at 10:44:06 PM) Powered by TCPDF (www.tcpdf.org)