Rajasthan High Court - Jodhpur
Ranjeet Singh Rathore vs State Of Rajasthan on 29 January, 2015
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
1
S.B. CRIMINAL MISC. PETITION NO.2382/2014
Ranjeet Singh Rathore V/S State of Rajasthan
Date of Order : 29.01.2015
HON'BLE MR. JUSTICE VIJAY BISHNOI
Mr D.S. Gaur, for petitioner.
Mr Rajesh Bhati, Public Prosecutor. Mr Ummed Singh, ASI, Police Station, Sardarshahar, District Churu present in person.
This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner with a prayer that the respondent-State be directed to conclude the investigation into the allegations levelled in the FIR No.25/2011 dated 21.01.2011 of Police Station, Sardarshahar, District Churu expeditiously and to submit report before the court concerned.
On two previous dates, factual reports dated 23.11.2014 and 22.01.2015 were submitted by the learned Public Prosecutor and in those factual reports this Court has noticed serious contradictions. Hence, the SHO, Police Station, Sardarshahar, District Churu was directed to remain present before this Court. Learned Public Prosecutor has submitted that the SHO, Police Station, Sardarshahar, District Churu is busy in election duty and, therefore, today his personal 2 presence before this Court be exempted.
Mr Ummed Singh, ASI, Police Station, Sardarshahar, District Churu present in person along with case diary pertaining to FIR No.25/2011 of Police Station, Sardarshahar, District Churu has submitted that contradictions in the two factual reports were on account of typographical mistake.
From the perusal of the case diary, it is revealed that the investigation into the allegations levelled in the FIR No.25/2011 is pending since 21.01.2011 and as many as eight police officers have conducted the investigation since 21.01.2011 and now vide order dated 08.01.2015, the investigation has again been transferred to a new officer.
Initially, the investigation was handed over to Mr Naresh Kumar Meena, Circle Officer, Churu and the same remained with him up to 10.03.2011. Thereafter, the investigation was handed over to Mr Krishna Meena, Additional Superintendent of Police, CID (CB) Range Cell Bikaner from 21.06.2011 and up to 20.09.2011, it was pending with him. From 20.09.2011, the investigation was handed over to one Mr Arvind 3 Kumar, Sub Inspector, CID (CB) Range Cell Bikaner and he continued the investigation up to 09.11.2011.
On 14.11.2011, investigation was handed over to Ms Yogita Meena, Deputy Superintendent of Police, CID (CB) Rajasthan, Jaipur and she concluded the investigation with the observations that the offences punishable under Sections 332 and 353 IPC and Section 245 Rajasthan Municipalities Act, 2009 are made out against accused persons viz. Indrachand, Rajkaran, Durgaram, Govind, Biharilal, Khetaram, Nanuram and Mahaveer Prasad, however, the offences punishable under Sections 332 and 353 IPC are made out against one accused person viz. Murlidhar.
The investigation was further handed over to Mr Mahipal Singh, Additional Superintendent of Police, CID (CB) Rajasthan, Jaipur on 04.03.2012. He had concluded the investigation on 18.05.2012 and submitted the report that offences punishable under Sections 143, 353, 186 and 149 IPC and Section 245 Rajasthan Municipalities Act, 2009 are made out against accused persons viz. Indrachand, Biharilal, 4 Khetaram, Rajkaran and Mahaveer Prasad. It is further reported that offence punishable under Section 245 Rajasthan Municipalities Act, 2009 is made out against accused persons viz. Nanuram and Govind, whereas offence punishable under Sections 143, 353, 186 and 149 IPC is made out against one accused - Durgaram. It is further concluded by Mr Mahipal Singh, Additional Superintendent of Police, CID (CB) Rajasthan, Jaipur that there is no evidence of involvement of accused person viz. Murlidhar in commission of any crime.
The investigation was further handed over to Mr Dashrath Singh, Additional Superintendent of Police, CID (CB), Range Cell Bikaner on 16.09.2013 and he has submitted his report on 28.01.2014, while concluding that offences punishable under Sections 353 and 143 IPC and Section 245 Rajasthan Municipalities Act, 2009 are made out against accused persons viz. Indrachand, Biharilal, Khetaram, Mahaveer Prasad, Rajkaran, Nanuram, Govind and Durgaram. He has also reported that the accused-Indrachand has already expired, whereas there is no evidence of involvement of accused person viz. 5 Murlidhar in commission of any crime.
Strangely, again the investigation of the FIR No.25/2011 was transferred to Mr Satyanarayan Khinchi, Superintendent of Police, CID (CB) Rajasthan, Jaipur vide letter dated 24.04.2014 issued by the Additional Inspector General of Police, Crime Branch Rajasthan, Jaipur. During the pendency of the investigation by Mr Khinchi, the same was transferred to Mr Sukhdev Singh, Additional Superintendent of Police, Crime and Vigilance, Range Bikaner some time in June 2014.
Mr Sukhdev Singh had concluded the investigation and prepared the report on 27.10.2014, wherein it is mentioned that as per the investigation conducted by him and earlier Investigating Officers viz. Mr Naresh Kumar Meena, Mr Mahipal Singh and Mr Dashrath Singh, the offences punishable under Sections 332, 353 and 186 IPC and Section 245 Rajasthan Municipalities Act, 2009 are made out against accused persons viz. Indrachand, Rajkaran, Durgaram, Govind, Biharilal, Khetaram, Nanuram and Mahaveer Prasad. It is also reported that one accused person-Indrachand has expired, 6 whereas there is no evidence of involvement of accused-Murlidhar in the commission of crime. The Office of Superintendent of Police, Churu vide letter dated 04.12.2014 has directed the SHO, Police Station, Sardarshahar, District Churu to file charge-sheet against the accused persons viz. Rajkaran, Durgaram, Govind, Biharilal, Khetaram, Nanuram, Mahaveer Prasad, Murlidhar for the offences punishable under Sections 323, 353, 186 IPC and Section 245 Rajasthan Municipalities Act, 2009. It seems that the case diary pertaining to FIR No.25/2011 is lying with the SHO, Police Station, Sardarshahar, District Churu till date, however, in between the Office of Additional Inspector General of Police, Crime Branch Rajasthan, Jaipur vide letter 08.01.2015 has again transferred the investigation pertaining to FIR No.25/2011 to one Mr Rajkumar Gupta, Additional Superintendent of Police, CID (CB) Rajasthan, Jaipur.
It is a matter of great concern that investigation into the allegations levelled in the FIR No.25/2011 has been concluded several times but again and again the same is 7 transferred to different officers. From the material available on record, it is revealed that every time when investigation was concluded, accused persons filed representation and investigation was transferred. No reasons whatsoever were given while transferring the investigation of FIR No.25/2011. There seems to be no transparency in the action of the State Government in transferring the investigation of a criminal case. The orders issued from time to time for transferring the investigation in the present case, do not reflect as to which policies or guidelines are followed by the State Government while ordering for transferring of investigation of a case. It is also not clear that how many times investigation of a case can be transferred.
In the above noted circumstances, this Court thinks it proper to seek explanation from the Home Secretary to the State of Rajasthan to disclose that whether there exists any policy or guideline for transferring investigation of a criminal case and also to disclose how many times, investigation of a case can be transferred. If any such policy exists, then 8 whether the same has been followed or not in the present case.
Ordered accordingly.
The explanation should be submitted by the Home Secretary, State of Rajasthan within four weeks.
Meanwhile, the case diary of the FIR No.25/2011 of Police Station, Sardarshahar, District Churu shall not be handed over to the CID (CB) pursuant to the order dated 08.01.2015.
Put up on 02.03.2015.
[VIJAY BISHNOI],J.
Abhishek 7