Rajasthan High Court - Jaipur
Deepak @ Sonu Verma And Ors vs State Of Rajasthan And Anr on 9 January, 2017
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B.Criminal Misccellaneous (Petition) No. 5784 / 2016
1. Deepak @ Sonu Verma Son of Vijay Kumar Verma, by Caste
Sunar,, R/o Village Aaharan, Police Station, Barahan, District Agra
(U.P.).
2. Smt. Kamlesh Verma Wife of Vijay Kumar Verma, by Caste
Sunar,, R/o Village Aaharan, Police Station, Barahan, District Agra
(U.P.).
3. Vijay Kumar Verma Son of Devi Ram Verma, by Caste Sunar,,
R/o Village Aaharan, Police Station, Barahan, District Agra (U.P.).
4. Shalu Wife of Surender Kumar Verma, by Caste Sunar, R/o
Village Aaharan, Police Station, Barahan, District Agra (U.P.).
5. Surendra Kumar Verma Son of Vijay Kumar Verma, by Caste
Sunar, R/o Village Aaharan, Police Station, Barahan, District Agra
(U.P.).
6. Smt. Shashi Verma D/o Vijay Kumar Verma, by Caste Sunar,
R/o Village Aaharan, Police Station, Barahan, District Agra (U.P.).
7. Kshama Daughter of Vijay Kumar Verma, by Caste Sunar,, R/o
Village Aaharan, Police Station, Barahan, District Agra (U.P.).
8. Tulsi Daughter of Vijay Kumar Verma, by Caste Sunar,, R/o
Village Aaharan, Police Station, Barahan, District Agra (U.P.).
----Petitioners
Versus
1. State of Rajasthan Through P.P.
2. Smt. Sandhya @ Daya Soni Wife of Deepak @ Sonu Verma
Daughter of Ashok Kumar,, R/o Gudadi Mohalla, Kumher, P.S.
Kumher, District Bharatpur (raj.)
(2 of 4)
[CRLMP-5784/2016]
----Respondents
_____________________________________________________ Mr. N.K. Singhal for the accused petitioners Mr. N.S Shekhawat learned PP for the State Mr. Vijay Singh IO of the case appears in person _____________________________________________________ HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA Judgment 09/01/2017 This petition has been filed by the accused petitioners for quashing of the FIR filed under section 482 Cr.P.C arising out of FIR No. 474/2016 registered at Police Station Kumher, District Bharatpur registered for the offence under sections 323, 341, 498A and 406 IPC.
Before starting arguments by the counsel for the petitioners, the I.O of the case who is present in person along- with the case diary, has supplied the copy of the factual/ progress report before the court mentioning therein that the police after investigation has submitted charge-sheet only against the petitioner No.1 to 3 namely; Deepak @ Sonu Verma s/o Vijay Kumar Verma, Smt. Kamlsh Verma w/o Vijay Kumar Verma and Vijay Kumar Verma s/o Devi Ram Verma and submitted negative final report against petitioners No. 4 to 8 namely; shalu, Surendra Kumar Verma, Smt. Shashi Verma, Kshama and Tulsi. I.O has requested to take on record the factual / progress report in the case file, the relevant portion of which is reproduced as under:
(3 of 4) [CRLMP-5784/2016] vcrd ds vuqla/kku ,oa i=koyh ij miyC/k lk{;ksa ds vk/kkj ij eqyfteku nhid mQZ lksuw iq= fot;dqekj] fot;dqekj iq= nsohjke o Jhefr deys'k iRuh fot;dqekj ds fo:) tqeZ /kkjk 323] 498,] 406 rk0 fg0 dk tqeZ lkfcr ik;k x;k gS] 1 Jhefr 'kkyw] 2 lqjsUnzdqekj] 3 Jhefr 'k'kh] 4 dq0 {kek o 5 rqylh dk ?kVuk esa 'kjhd gksuk ugh ik;k x;k gSA In view of the above statement, the instant petition filed on behalf of petitioners No. 4 to 8 does not survive and accordingly stands dismissed as having become infructuous. The factual /progress report is taken on record.
With regard to accused petitioners No.1 to 3, counsel for the petitioners has submitted that this petition should be disposed of with a liberty to the petitioners No.1 to 3 to move a representation along with documents before the concerned Investigating Officer, who after properly, fairly and impartially investigating the matter and verifying the contents of the representation along with documents, shall submit the report before the concerned court.
Learned Public Prosecutor opposed the same. Accordingly, in view of above, this petition is disposed of with a liberty to the petitioners No.1 to 3 to move a representation along with documents before the concerned Investigating Officer, who after properly fairly and impartially investigating the matter and verifying the contents of representation along with documents, shall submit the report to the concerned court.
Ordered accordingly.
(4 of 4) [CRLMP-5784/2016] Since the main petition has been disposed of, the stay application also stands disposed of.
(MAHESH CHANDRA SHARMA)J.