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2002 Supreme(Raj) 1794

RAJASTHAN HIGH COURT AT JAIPUR BENCH
K.S.Rathore, J.
Sugan - Appellant
Versus
State of Rajasthan and others - Respondent
S.B. Civil Writ Petition No. 6495 of 2002.
Decided On : 25-09-2002

Advocates:
For the Petitioner:Dharamveer Tholia, Advocate.

Headnote:

Indian Penal Code, 1860 Section 307-case u/s 147, 341 and 323 IPC registered by the police-the petitioner and 'R' received grave injuries so case attracted u/s 307 IPC-the investigation held not fair in manner-the DGP was directed to transfer the investigation to other police officer not below the rank of Dy. S.P .

JUDGMENT

1. - Heard learned counsel for the petitioner at admission stage.

2. Brief facts of the case are that brother of the petitioner Kedar Mal lodged a report at Police State Hindaun on 9.5.2002 stating there in that on 8.5.2002 a Barat came in the village of Jharera where incident took place, from his village Nangal Lat. After dinner the brother Ratan and Uncle Shri Sugan of the informant were sleeping at bridegroom home. At about 4.00 AM on 9.5.2002 Harkesh, Gajal Singh, Tika Ram, Janak, Hukum, Ramphal & Pappu came there by four Motorcycles and threw the acid on Sugan and Ratan by which they both sustained burn injuries. Sugan and Ratan were admitted to SMS Hospital.

3. On the aforesaid report an FIR No. 236/2002 was registered at Police Station Hindaun under Sections 147, 341 & 323 IPC. The petitioner represented several times that he has sustained burn injury of 65% and struggling with life and is in critical position, but despite registering the case against the accused under Section 307 IPC, the police registered the case under general section which shows that police authorities were Investigating the matter under the influence of the accused persons.

4. Learned counsel for the petitioner submits that it is also proved from the Medical Report that seven injuries were found serious on the body of the petitioner Sugars and six injuries were found on the body of Ratan. The petitioners had lost his vision of left eye and also hearing power of left ear.

5. To this effect, the petitioner is continuously representing the police authorities for transfer of investigation and to refer the case to C.I.D. or C.B.I., but the representation of the petitioner has not been considered by the police authorities. Despite of this fact of Minister concerned Shri Janardan Singh Gehlot recommended their case and requested the SP, Karauli to handover the investigation to any other independent police officer. The petitioner also represented before DIG Police on 8.7.2002 and Dy.S.P Hindaun, but nothing has been done.

6. Having gone through the material available on record and after perusing the contents of writ petition, it reveals that the police has registered the case under Section 147, 341 & 323 IPC only whereas the petitioner and Ranta has received serious injuries which is itself sufficient to lodge the case under Section 307 IPC. Apparently the police authorities is not fairly proceeding with the investigation.

7. In view of the facts and circumstances, deem it proper to direct the Director General of Police to transfer the investigation to some other independent Police Officer not below the rank of Dy.S.P so that the petitioner can get the justice in fair manner.

8. With these observation, the writ petition disposed of.Writ Petition Disposed of With Above Observation.

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