Rajasthan High Court - Jodhpur
Gopal Singh vs State Of Rajasthan & Ors. on 24 August, 2015
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
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S.B. CRIMINAL MISC. PETITION NO.1637/2015
Gopal Singh V/S State of Rajasthan & Ors.
Date of order : 24.08.2015
HON'BLE MR. JUSTICE VIJAY BISHNOI
None present for petitioner.
Mr O.P. Rathi, Public Prosecutor.
This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner being aggrieved with the notice dated 09.05.2015 issued by the SHO, Police Station, Chanderia, District Chittorgarh, whereby the petitioner was asked to remain present for investigation in connection with the FIR No.271/2011 of Police Station, Chanderia, District Chittorgarh as the police has found allegations against the petitioner for commission of offences punishable under Sections 384, 389, 213 and 120-B IPC proved and the charge-sheet is to be filed against him.
It is averred in this criminal misc. petition that the investigation in FIR No.271/2011 of Police Station, Chanderia, District Chittorgarh was handed over to the CID (CB) and the Senior Officers of the CID (CB) have recommended for filing negative final 2 report. However, the police, ignoring the said recommendation, is going to file charge-sheet against the petitioner.
This Court vide order dated 11.08.2015, directed the learned Public Prosecutor to inform this Court about the investigation conducted by the CID (CB) into the allegations levelled in the FIR No.271/2011 of Police Station, Chanderia, District Chittorgarh.
Pursuant to that, learned Public Prosecutor has submitted the factual report dated 23.08.2015, wherein it is mentioned that two Officers of the rank of Additional Superintendent of Police of CID (CB) have recommended for filing negative final report in the FIR No.271/2011 of Police Station, Chanderia, District Chittorgarh. However, on 12.03.2015, the SHO, Police Station, Chanderia, District Chittorgarh received case diary with the direction from the Superintendent of Police to file charge-sheet against the accused persons including the petitioner and as per the said direction the charge-sheet has been filed against three persons viz. Bhuwneshwar, Shrawan 3 and Jagdish before the concerned Court, as they have already been arrested, however, charge- sheet against the petitioner has been filed under Section 299 Cr.P.C. as he is absconding. It is also mentioned that charge-sheet against one juvenile Satyanarayan @ Sattu has not been filed and the same will be filed on 26.10.2015, i.e. the next date in the concerned Court.
It is strange that when two Senior Officers of the CID (CB) have recommended for filing negative final report while concluding that no offence has been made out against the petitioner and other accused persons in connection with FIR No.271/2011 of Police Station, Chanderia, District Chittorgarh, then how the Superintendent of Police, Udaipur has directed the SHO, Police Station, Chanderia, District Chittorgarh to file charge-sheet against the accused persons.
Let Superintendent of Police, Udaipur may file his affidavit explaining that under what circumstances he has ordered for filing charge- sheet against the accused persons including the petitioner in FIR No. 271/2011 of Police 4 Station, Chanderia, District Chittorgarh ignoring the recommendations made by the Officers of the CID (CB), Jaipur.
Let this matter be listed on 08.09.2015. The factual report dated 23.08.2015, be taken on record.
[VIJAY BISHNOI],J.
Abhishek 11