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2019 Supreme(Raj) 2617
IN THE HIGH COURT OF RAJASTHAN
Kanwaljit Singh Ahluwalia, J.
Om Prakash Saini - Appellant
Versus
State Of Rajasthan, Through Pp And Others - Respondent
Criminal Miscellaneous (Petition) No. 1161 of 2019
Decided On : 19-02-2019
Petitioner Om Prakash Saini is present in person, for the Appellant; None present, for the Respondents
In cases involving disputed questions of facts and potential false implication, the court may direct the transfer of investigation to ensure a fair and impartial process.
Headnote:
CRIMINAL PROCEDURE CODE, 1973 - SECTION 482 - QUASHING OF FIR - OFFENCES UNDER SECTIONS 332, 353 AND 342 IPC - POLICE OFFICIALS ALLEGEDLY ABUSED, ALTERCATED, BEATEN AND WRONGFULLY CONFINED BY PETITIONER - PETITIONER CONTENDED FALSE IMPLICATION - COURT DIRECTED TRANSFER OF INVESTIGATION FROM POLICE STATION KOTWALI, SAWAI MADHOPUR TO DISTRICT BUNDI.
Fact of the Case:
Petitioner sought quashing of FIR for offences under Sections 332, 353 and 342 IPC, alleging false implication by police officials who came to search the house of the counsel of Pooja Suman, petitioner in a previous case. The petitioner claimed that the police overreacted and levelled false allegations, as it was unnatural for him to injure and detain five police officials alone.
Finding of the Court:
The court found that disputed questions of facts were involved and could not be adjudicated in a petition under Section 482 Cr.P.C. However, it noted that the petitioner may be a victim of false implication.
Issues: Whether the FIR should be quashed due to alleged false implication by police officials.
Ratio Decidendi: The court held that the investigation should be transferred from Police Station Kotwali, Sawai Madhopur to District Bundi to ensure a fair and impartial investigation. The petitioner was directed to appear before the investigating officer at Bundi within a specified time, and his arrest was stayed until then. The investigating officer was directed to consider the petitioner's version and witness statements before forming an opinion on his guilt. If the investigating officer decided to arrest the petitioner, a fifteen-day prior notice was to be served to enable him to approach the court for pre-arrest bail.
Final Decision: The court disposed of the petition by directing the transfer of investigation to District Bundi and providing guidelines for the investigation and potential arrest of the petitioner.
JUDGMENT
1. The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 83/2019 registered at Police Station Kotwali, District Sawai Madhopur for the offences under Sections 332, 353 and 342 IPC.
2. In the present case, FIR has been lodged by SHO, Police Station Kotwali, Sawai Madhopur. In the FIR it is stated that police officials came for search of one Pooja Suman daughter of Ramavtar Suman. It is further alleged in the FIR that the petitioner abused the police officials. He had an altercation with police officials, resulting into scuffle and beating of police officials. It is further alleged in the FIR that the petitioner wrongly confined police officials for a period of one hour.
3. The petitioner, present in person, has stated that his brother Laxmi Narayan Saini is an Advocate. He had filed S.B. Cr. Misc. Petition No. 1012/2019 titled as Pooja Suman & Anr. v. State of Rajasthan & Ors. , in which this Court had passed the order Annexure-2.
4. It will be apposite here to reproduce order Annexure-2 passed by this Court on 11.2.2019, as under:-
"Present petition has been filed under Section 482 Cr.P.C. praying that respondents Nos. 1 to 4 be directed to protect life and liberty of the petitioners as they apprehend danger to their lives at the hands of respondent No. 5.
This court in pre-lunch session had directed the Registrar (Judicial) of this court to record statement of petitioners upon their due identification. In pursuance of said order, Registrar (Judicial) has recorded statement of petitioners. The said statements are taken on record.
For ready reference, statement of petitioner No. 1 Pooja Suman is reproduced below:-
^^jktLFkku mPp U;k;ky; ihB] t;iqj
,lŒchŒ fØfeuy felŒ ihfV'ku uEcj 1012@2019
iwtk lqeu o vU; cuke jktLFkku ljdkj o vU;
fnukad 11-02-2019
eSa iwtk lqeu iRuh Jh jkds'k lSuh iq=h Jh jkeorkj lqeu] tkfr ekyh] vk;q 19 o"kZ] fuoklh & xzke lsokiqj] csjkeiqjk] ';ksiqj] toklk] e/; Áns'kA gky fuoklh & HkS: th ikMk] xksV fcgkjh] [k.Mkj] ftyk & lokbZ ek/kksiqjA
'kiFkiwoZd c;ku djrh gaw fd esjh vkSj jkds'k lSuh dh nks lky igys lxkbZ esjs ?kjokyks us dh FkhA ysfdu ckn esa esjs ?kjokys esjh 'kknh dgh vkSj djuk pkgrs FksA ysfdu eSa jkds'k lSuh ls gh 'kknh djuk pkgrh Fkh blfy, eSa ?kj ij fcuk crk;s jkds'k lSuh ds ikl fnukad 05-02-2019 dks vk x;h vkSj ge nksuks us fnukad 08-02-2019 dks f'ko efUnj] t;iqj esa 'kknh dj yhA eSaus jkds'k lSuh ds lkFk 'kknh viuh ethZ ls ,oa fcuk fdlh ncko ds dh gSA 'kknh ds ckn ls gh eSa vius ifr jkds'k lSuh ds lkFk jg jgh gawA gekjh 'kknh ls esjs firkth jkeorkj lqeu [kq'k ugha gSA eq>s ,oa esjs ifr jkds'k lSuh dks esjs firk jkeorkj ls tku dk [krjk gS gesa lqj{kk Ánku dh tk;sA eSa Hkfo"; esa vius ifr jkds'k lSuh ds lkFk gh jguk pkgrh gawA eq>s vkSj dqN ugha dguk gSA
uksV & xokg dk c;ku esjs funsZ'ku esa mlds dgs vuqlkj Vad.kdrkZ }kjk dEI;wVj ij Vafdr fd;k x;k] ftls xokg dks i<+dj lquk;k o le>k;k x;k rks mlus mDr dFkuksa dks lqu o le> dj lgh gksuk Lohdkj fd;kA
jftLVkj U;kf;dA**
It is also apposite here to reproduce statement of petitioner No. 2 Rakesh Saini, as under:-
^^jktLFkku mPp U;k;ky; ihB] t;iqj
,lŒchŒ fØfeuy felŒ ihfV'ku uEcj 1012@2019
iwtk lqeu o vU; cuke jktLFkku ljdkj o vU;
fnukad 11-02-2019
eSa jkds'k lSuh iq= Jh jkeLo:i ekyh] tkfr ekyh] vk;q 20 o"kZ] fuoklh & HkS: th ikMk] xksV fcgkjh] [k.Mkj] ftyk & lokbZ ek/kksiqjA
'kiFkiwoZd c;ku djrk gaw fd esjh vkSj iwtk lqeu dh lxkbZ nks lky igys gq;h FkhA ysfdu ckn esa iwtk ds firkth mldh 'kknh dgha vkSj djuk pkgrs Fks blfy, iwtk lqeu vius ?kj ij fcuk crk;s viuh ethZ ls fnukad 05-02-2019 dks esjs ikl vk x;h vkSj ge nksuksa us viuh ethZ ls ,oa fcuk fdlh ncko ds fnukad 08-02-2019 dks f'ko efUnj] t;iqj esa 'kknh dj yhA 'kknh ds ckn ls ge nksuksa ifr&iRuh ds :i esa lkFk&lkFk jg jgs gSA gekjh 'kknh ls iwtk ds firkth [kq'k ugha gSA eq>s vkSj iwtk dks iwtk ds firkth jkeorkj ls tku dk [krjk gSA gesa lqj{kk Ánku dh tk;sA eSa vkSj iwtk Hkfo"; esa ifr&iRuh ds :i esa lkFk&lkFk jguk pkgrs gSA eq>s vkSj dqN ugha dguk gSA
uksV & xokg dk c;ku esjs funs
