Rajasthan High Court - Jodhpur
Hansraj Baheti vs State Of Rajasthan on 1 December, 2022
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4334/2022
Akash Chopra S/o Pushpchand Chopra, Aged About 29 Years,
Bakhtawaramalji Ka Bagh, Chopasni Road, Jodhpur (Raj.).
----Petitioner
Versus
1. State Of Rajasthan-State, Through Pp
2. Miss Hridal Jain D/o Mrs Rupal Jain, Tirupati Vihar,
Shikargarh, Ratanada, Jodhpur (Raj.).
----Respondents
Connected With
S.B. Criminal Misc(Pet.) No. 2617/2022
Hridal Jain D/o Rupal Jain, Aged About 17 Years, B/c Jain R/o
115 Tirupati Vihar Shikargarh Road Ratanada Jodhpur Through
Natural Guardian (Mother) Rupal Jain D/o Vijay Raj Jain Aged 37
Years B/c Jain R/o 115 Tirupati Vihar Shikargarh Road Ratanada
Jodhpur
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Director General Of Police, Jaipur
3. The Commissioner Of Police, Jodhpur Commissionerate
Jodhpur
4. S.h.o., Udaimandir Jodhpur
5. Central Bureau Of Investigation, Lal Sagar Jodhpur
----Respondents
S.B. Criminal Misc(Pet.) No. 3121/2022
1. Arpit Modi S/o Shri Ashok Modi, Aged About 36 Years, R/o
Love Khush Vyas Ji Ka Nohra Near Nasrani Cinema
Jodhpur Raj.
2. Deepak Bhati S/o Late Shri Pokar Ram Bhati, Aged About
49 Years, R/o 507 Bhati Bhawan 1St-A Road Sardarpura
Near Uco Bank Jodhpur Raj. -342001
----Petitioners
Versus
1. State Of Rajasthan, Through Pp High Court Jodhpur
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2. Police Commissioner, Police Commissionerate Jodhpur
Raj.
3. S.h.o., Ps Udaimandir Dist. Dist. Jodhpur City East
Jodhpur
4. Incharge Patrolling Party In The Jurisdiction Of Ps,
Udaimandir Jodhpur
5. Miss Hridal Jain D/o Smt. Rupal Jain, R/o Tirupati Vihar
Shikargarh Ratanada Jodhpur City East Jodhpur Raj.
----Respondents
S.B. Criminal Misc(Pet.) No. 3124/2022
Hansraj Baheti S/o Jethmal Ji, Aged About 68 Years, R/o H-4
Milk Man Colony Pal Road Jodhpur
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Commissioner Of Police, Commissionrate Jodhpur
3. S.h.o., Ps Udaimandir Jodhpur City East Jodhpur
4. Ms. Hridal Jain D/o Smt. Rupal Jain, R/o Tirupati Vihar
Shikargarh Ratanada Jodhpur City East Jodhpur Raj.
----Respondents
For Petitioner(s) : Mr. Dhirendra Singh, Sr. Advocate
(CRLMP No.3124/2022)
Mr. Vinod Kumar Sharma (CRLMP
No.4334/2022)
Mr. Saurabh Maheshwari &
Mr. Tarun Dudia (CRLMP
No.2617/2022)
Mr. Mahipal Singh Deora on behalf of
Mr. Sunil Joshi (CRLMP
No.3121/2022)
Mr. Aidan Choudhary on behalf of
Mr. Muktesh Maheshwari (CRLMP
No.3124/2022)
For Respondent(s) : Mr. S.K. Bhati, PP with
Mr. Labhu Ram, A.C.P., P.S.
Udaimandir, Jodhpur (CRLMP
No.4334/2022)
Mr. Saurabh Maheshwari &
Mr. Tarun Dudia (CRLMP
Nos.4334/2022, 3121/2022 &
3124/2022)
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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 01/12/2022 In S.B. Criminal Misc(Pet.) No. 4334/2022:-
1. At the outset, learned Public Prosecutor informs the Court that there was an allegation that the complainant's photographs were clicked at a washroom near the swimming pool at Ummaid Club, upon which, the allegation was levelled and the investigation commenced with.
2. The Investigating Officer present in the Court submits that after thoroughly investigating the matter, no photograph in the mobile phone has been found. He also submits that on proper investigation by the experts, it was found that no photograph has been deleted.
3. Learned Public Prosecutor alongwith the Investigating Officer submits that the necessary FSL reports have been procured and the investigation has been completed. They submitted a factual report dated 01.12.2022, it reflects FSL examination of the mobile phone of accused-petitioner, which reads as follows :-
"Examination of exhibits refereed above has been carried out using the software XRY version 10.1.0.
Picture files, modified on dated 24/04/2022, have been found stored in the mobile phone exhibit-A-1 These picture files have been copied along with their metadata in a folder namely "Selected Picture Files_EX-a-1", stored in a pendrive, marked-X in the laboratory, enclosed herewith.
No video file, modified on dated 24/04/2022, had been found stored in the mobile phone exhibited-A-1.
All picture & all video files, extracted from the mobile phone exhibited-A-1, have been copied along with their (Downloaded on 05/12/2022 at 11:07:09 PM) (4 of 6) [CRLMP-4334/2022] metadata in folders namely "All Picture Files _Ex-A-1 "&"
All Video Files_EX-A-1" respectively, stored in the pendrive marked-X. Deleted data could not be retrieved from the mobile phone exhibit-A-1 with the help of hardware and hardware and software available in this laboratory."
4. The Investigating Officer submits that no telephonic evidence or evidence of any other electronic device has been placed on the record in support of the allegations and also concerned IT handlers, concerned institutional agency and other experts further did not corroborate the same with any electronic evidence. However, he clearly submits that a prima facie reading of the statements rendered by the complainant under Section 161 & 164 Cr.P.C., the offence is made out against the present petitioner.
5. On the basis of the aforesaid submissions, the Investigating Officer submits that while relying upon the submissions, the offence under Sections 354-C, 509 IPC and Section 11/12/18 of the POCSO Act,2012 have been found to be prima facie made out against the accused-petitioner, whereas no offence under Section 66-E and 67-A of IT Act has been made out him.
6. Learned Public Prosecutor alongwith the Investigating Officer submit that since the investigation is complete, no further recovery has to be made, custody of the petitioner is not required.
7. Learned counsel for the complainant/respondent submits that the respondent may be given liberty to take up all legal issues at the appropriate stage.
8. Learned counsel for the accused-petitioner submits that the petitioner be permitted to take up all legal issues of defence at appropriate stage.
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9. Heard learned counsel for the parties and perused the case diary.
10. The factual report furnished by learned Public Prosecutor is taken on record.
11. This Court, in light of the aforesaid submissions and upon perusal of the case diary, finds that at this stage, no reason is made out warranting the invocation of its inherent powers under Section 482 Cr.P.C., as the case diary points out satisfactory investigation has been conducted in the matter.
12. Thus, the present petition is disposed of with liberty to both the parties to take up all their legal issues before the learned trial Court at the appropriate stage, as sought by them.
13. Since the custody of the accused-petitioner at this stage, is no longer required for the purpose of investigation as stated by the Investigating Officer, it is hereby directed that the petitioner shall not be arrested for the purpose of filing of the charge-sheet with respect to the offence in question. Further, the petitioner shall be at liberty to file the bail bonds before the learned trial Court at the time of filing of charge-sheet. However, in case, the petitioner fails to extend the necessary cooperation, the trial Court shall be free to proceed against him, strictly in accordance with law.
All pending applications also stand disposed of. In S.B. Criminal Misc(Pet.) Nos. 2617/2022, 3121/2022 & 3124/2022:-
1. At the outset, learned Public Prosecutor alongwith the Investigating Officer submit that no offence has been found to be made out against the present petitioners.
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2. The factual report furnished by learned Public Prosecutor regarding the investigation is taken on record.
3. In light of such submission, the present petitions are disposed of; as the investigation itself does not find any offence to have made out against the present petitioners. However, the parties shall be at liberty to take up all their remedies, if so advised.
All pending applications also stand disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
16-19-Nirmala/-
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