Rajasthan High Court - Jodhpur
Lakha Ram vs . State Of Rajasthan & Ors. on 16 January, 2015
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
O R D E R
S.B. CRIMINAL MISC. PETITION NO.7/2015 Lakha Ram Vs. State of Rajasthan & Ors.
Date of order : 16.01.2015
PRESENT
HON'BLE MR. JUSTICE VIJAY BISHNOI Mr. H.R. Bishnoi for the petitioner. Mr. Vikram Rajpurohit, Public Prosecutor.
This criminal misc. petition has been filed by the petitioner being aggrieved with the order dated 31.10.2014 passed by Nyayadhikari, Gram Nyayalaya, Barmer (hereinafter referred to as 'the trial court') whereby the trial court, after taking cognizance against the petitioner for the offence punishable under Sections 279, 338 I.P.C. and Sections 183, 184, 132/187, 134/187 of Motor Vehicles Act, has ordered for framing charges against the petitioner for the aforesaid offences.
Learned counsel for the petitioner has submitted that from the M.T.O. Report prepared at the Police Station, Barmer, it is clear that the motorcycle No.RJ-04 SH 0911 was not subjected to any accident. It is also contended that, in fact, on 29.9.2014 from the tractor of 2 the petitioner one motorcycle of different number was collided, however, the police has changed the said motorcycle and filed charge sheet against the petitioner after collecting false evidence. It is also contended by learned counsel for the petitioner that the petitioner has made several representations to the higher officers and despite that, the police has not conducted fair investigation and has illegally filed charge sheet against the petitioner. Learned counsel for the petitioner has, therefore, prayed that the impugned order dated 31.10.2014 as well as the charge sheet filed against the petitioner may be quashed and the police be directed to conduct fair investigation into the allegations levelled in the FIR No.148/2014 of Police Station, Barmer (Rural).
Heard learned counsel for the petitioner and perused the impugned order as well as the material collected by the police while filing charge sheet against the petitioner.
In the M.T.O. Report dated 7.10.2014, it is mentioned that head light of the motor cycle No.RJ-04 SH 0911 was broken, mudguard of front wheel was also broken, shocker and handle of the motor cycle were found bended.
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In the statement of the witnesses recorded under Section 161 Cr.P.C., they have stated that on the day of accident, the injured was riding the motorcycle No.RJ-04 SH 0911.
After going through the material collected by the police, it cannot be said that the police has filed charge sheet against the petitioner without there being any material against him. Hence, this Court does not find any merit in this criminal misc. petition.
The criminal misc. petition is, therefore, dismissed. The stay petition is also dismissed.
[VIJAY BISHNOI],J.
Babulal/ 103