The main legal point established in the judgment is that the Investigating Officer is obligated to submit a report under Section 173 Cr.P.C. against all accused persons once their names are disclosed in the investigation papers.

A.M. DHAVALE, J.

1. This is petition under Article 226 of the Constitution. The petitioner, vide prayer clause (A) seeks quashing of charge-sheet No. 103 of 2010 submitted before the learned Chief Judicial Magistrate, Nanded in respect of F.I.R. No. 128/2010 dated 3.6.2010, registered at Vajirabad Police Station, Nanded and directions for reinvestigation in the matter. Vide prayer clause (B), petitioner seeks directions to respondents No. 1 and 2 to initiate enquiry against respondent No. 3 for manipulation of the record in the investigation of above referred case.

2. The facts relevant for deciding the present petition may be stated as follows:

3. The petitioner Gajendrasingh filed the above referred F.I.R. at Vajirabad Police on 3.6.2010 to the effect that on 2.6.2010 at 11.00 a.m., he was standing in front of his house by the side of road. That time, respondent No. 4 Rajendrasingh, respondent No. 5 Ramsingh and respondent No. 6 Deepsingh were standing by his side. That time, accused Jagbirsingh came to the spot in a gypsy and started abusing him. That time, respondent No. 6 Deepsingh pressed and held the petitioner and Jagbirsingh and respondent No. 4 Rajendrasingh inflicted three to four blows of sword on his right hand. He was rescued by one Gabbar and was admitted in civil hospital at Nanded. On the basis of the F.I.R., crime was registered under Sections 323, 324, 504 read with Sec. 34 of Indian Penal Code at Vajirabad Police Station, Nanded at C.R. No. 128/2010 and was investigated into. The petitioner filed application on the same day to register crime under Section 307 of Indian Penal Code. After four days, on 7.6.2010, the petitioner wrote letter to the Superintendent of Police, Nanded that he had received serious injuries on his hands by blows of sword but the Police have recorded the crime for minor offences and that too only against accused No. 1 Jagbirsingh. The Police were trying to protect the other accused and other accused were intimidating him and his family members with threats of killing and falsely implicating in other cases. Therefore, offence under Section 307 of Indian Penal Code should be recorded against all. The F.I.R. was registered by respondent No. 3 Head Constable M.M. Syed. He also recorded statements of brothers of the informant by name Sachendrasingh and Rajendrasingh and Basantsingh alias Gabbarsingh. In all the statements, it was shown that Jagbirsingh alone inflicted sword blows on Gajendrasingh. The statement of Shailendrasingh was also recorded by respondent No. 3. He has no personal knowledge, but according to him, he received knowledge from Rajendrasingh which is as per the statements recorded of Rajendrasingh and Sachendrasingh. Medical certificate shows one multiple incised wound on right forearm size 4 cm x 2 cm. Accordingly, respondent No. 3 has filed charge-sheet only against Jagbirsingh.

4. According to the petitioner, Head Constable Syed has wrongly recorded the statements of the witnesses. Rajendrasingh and Sachendrasing 0068 have filed affidavit stating that their statements were not recorded by Head Constable Syed and their signatures were taken on blank papers. They had disclosed the assault on Gajendasingh by four persons.

5. Respondent No. 3 Head Constable Syed has filed his affidavit-in-reply. He has stated that he had recorded the statements of the witnesses as deposed by them. According to him, the investigation revealed that the names of Rajendrasingh, Deepsingh and Ramsingh were wrongly entered by the informant, the informant Gajendrasingh had received only one injury and there was civil dispute between the parties. As per the material collected, the charge-sheet is filed only against Jagbirsingh for the offences punishable under Sections 324, 323, 504 read with Sec. 34 of Indian Penal Code and Sections 4 and 5 of Arms Act.

6. Heard the learned Advocate Mr. M