Rajasthan High Court - Jodhpur
Mehabub & Ors vs . on 25 February, 2015
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
S.B.CR. MISC. PETITION NO.2190/2012
Mehabub & Ors.
vs.
State of Rajasthan & Anr.
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
ORDER
S.B.CR. MISC. PETITION NO.2190/2012
Mehabub & Ors.
vs.
State of Rajasthan & Anr.
Date of Order : 25.02.2015
PRESENT
HON'BLE MR JUSTICE VIJAY BISHNOI
Mr Sunil Joshi, for petitioners
Mr Vikram Rajpurohit - Public Prosecutor
Mr Mahesh Bora, Sr. Advocate assisted by
Mr Nishant Bora, for the respondent No.2
BY THE COURT:
This criminal misc. petition under section 482 CrPC has been filed by the petitioners with a prayer for quashing FIR the No.219/2012 lodged at Police Station, Phalodi qua them. In the alternative, it is also prayed that a direction issued by the Additional Chief Judicial Magistrate, Phalodi in criminal complaint filed by respondent No.2 dated 22.07.2012 may kindly be quashed and set aside and the investigation of the S.B.CR. MISC. PETITION NO.2190/2012 Mehabub & Ors.
vs. State of Rajasthan & Anr.
2counter FIR lodged by the respondent No.2 dated 21.07.2012 by way of a criminal complaint may be directed to be investigated by the Incharge, Police Station, Phalodi.
It is noticed that during the pendency of this petition, the respondent No.2 - Nijamudeen filed a criminal misc.
petition under sectioni 482 CrPC before this Court with a prayer that the order dated 28.01.2013 passed by Additional Director General of Police, Police Vigilance, Rajasthan Jaipur may be quashed. By order dated 28.01.2013, the said police authority issued a direction to the Inspector General of Police, Jodhpur Range, Jodhpur not to take any action in the FIR Nos.219/2012 or 199/2012 without prior permission from the authority.
S.B.Cr.Misc. Petition No.364/2013 preferred on behalf of respondent No.2 came up for hearing before a Coordinate Bench of this Court, wherein the petitioner Nos.3,4,6,7,8,9 and 11 along with two other persons moved an application for being S.B.CR. MISC. PETITION NO.2190/2012 Mehabub & Ors.
vs. State of Rajasthan & Anr.
3impleaded as party respondents and the Co-
ordinate Bench of this Court vide order dated 27.02.2013 has disposed of the said criminal misc. in the following manner:
"In this matter petitioner
complainant-Nijamudeden is being
represented through Mr. Mahesh Bora, Sr. Advocate (assisted by Mr. Nishant Bora), State of Rajasthan is being represented by Mr. Anand Purohit, Sr. Advocate and AAG and opposite party is being represented through Mr. Mani Shanker Vyas and Mr. Vipul Singhvi. In this matter nine more persons had also wanted to submit some arguments and for this purpose they have presented an application to become party in the matter. In the interest of justice, after hearing both sides I think it fit to give them also an opportunity of hearing. At this stage, learned AAG has submitted written submission with some annexures saying that the letter dated 28.1.2013 issued by Addl.
Director General of Police (Vigilance) is being misunderstood by the parties because in that letter it has been mentioned that both the cases FIR No.199/12 and FIR no.21/12 which are being investigated by DSP (V) should not be finally disposed of without permission of Additional DGP S.B.CR. MISC. PETITION NO.2190/2012 Mehabub & Ors.
vs. State of Rajasthan & Anr.
4(V). As per him Addl. DGP (V) has not finally restrained the progress of the investigation. Now petitioner wants an order from this Court under Section 482 Cr.P.C. to the effect that the letter of Addl. DGP (V) should be quashed which has been strongly opposed by the AAG and also Mr. MS Vyas and Mr. Vipul Singhvi. The matter is heard finally at the admission stage with the consent of both sides.
The Additional Advocate General has submitted that by order dated 24.4.1978 of Government of Rajasthan, the post of Director (Vigilance) Police has been created and now Additional Director of Police (Vigilance) Raj. Jaipur has been authorised to entertain any complaint with regard to the investigation being conducted by the police in the State. Under those powers investigation was being monitored/supervised by Additional Director General of Police (Vigilance) but it has also been submitted by learned AAG that within fifteen days the file will be cleared from the office of Additional Director General Police (Vigilance) Raj. Jaipur and thenafter there will be no hindrance in the investigation of both the cases as per law. Both sides agree to the above solution of S.B.CR. MISC. PETITION NO.2190/2012 Mehabub & Ors.
vs. State of Rajasthan & Anr.
5the problem. Hence, submission of AAG is taken on record and petition under 482 Cr.P.C. of complainant petitioner-Nijamudeen is disposed of accordingly."
Learned counsel appearing on behalf of the petitioners has submitted detail arguments while arguing that the impugned FIR is liable to be quashed as from bare reading of the FIR, prima facie case is not made out against the petitioners. It is also argued that the whole FIR is based on a Will or adoption deed, which, under the Mohammedan Law, is not permissible and, therefore, the same is void an initio. It is also argued that the dispute between the parties is essentially of civil nature and, therefore, also this FIR is liable to be quashed.
This Court has taken into consideration the arguments advanced by the learned counsel for the petitioners and also gone through the above-quoted order dated 27.02.2013 passed by the Co-ordinate Bench of this Court in S.B.Cr.Misc. Petition No.364/2013.
After going through the above-
S.B.CR. MISC. PETITION NO.2190/2012 Mehabub & Ors.
vs. State of Rajasthan & Anr.
6quoted order, this Court is of the opinion that once some of the petitioners have agreed before this Court that the investigation into the allegations lvelled in the impugned FIR can be investigated by the police, it is not open for the petitioners to press the petition with a prayer for quashing the impugned FIR. Looking to this situation, this Court needs not to go into the details of the matter.
Investigating Officer - Shri Surender Kumar, Station House Officer, Police Station, Phalodi present in Court has informed this Court that the investigation into the allegations levelled in the impugned FIR No.219/2013 and 199/2012 of Police Station, Phalodi has already been concluded and in FIR No.199/2012, final result has been submitted before the concerned court.
In the above mentioned circumstances, no further order is required to be passed in this petition. The same is, therefore, dismissed. However, it is made clear that this order will not prejudice the S.B.CR. MISC. PETITION NO.2190/2012 Mehabub & Ors.
vs. State of Rajasthan & Anr.
7rights of any of the petitioners, which are available to them under the law.
Stay petition also stands
dismissed.
[VIJAY BISHNOI],J.
m.asif/-