IN THE HIGH COURT OF RAJASTHAN
Vijay Bishnoi, J.
Smt. Vimla Kanwar - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Misc(Pet.) No. 4333 of 2017.
Decided On : 15-05-2018
Arms Act - Section 3 & 27 - Criminal Procedure Code, 1973 - section 482 – Indian Panel Code,1860 - Sections 302, 307 and 34 – Constitution of India,1950 - Articles 32 and 226 - Right of private defense Request to take necessary action-Regarding - Petitioner essentially with a prayer for transferring of investigation of the FIR - It is also prayed that investigation of FIR same police station be consolidated with above referred FIR - It is to inform that on intervening night at about 1.30 a.m while complainant in reference cited case along with another proceeding towards Bangalore in at Dhone some unknown offenders armed with fire arms intercepted Scorpio vehicle complainant with their vehicles attacked them and threatened at point of fire arms committed dacoit of crores being transported in Vehicle - They further abducted complainant and another – Held, court am of the opinion that in present case no exceptional circumstance exists which warrants transfer of investigation of FIR of Police Station District Jalore to Central Bureau of Investigation - However investigating officer is directed to conduct investigation into allegations leveled in both FIRs fairly and impartially and with utmost expedition by taking into consideration every aspect of matter - It is also directed that investigating officer shall make strict compliance of procedure laid down by Honble Supreme Court in Peoples Union for Civil Liberties and State of Maharashtra and Ors - Needless to say that as provided in said procedure if petitioner feels that independent fair and impartial investigation is not being carried out by investigating officer - Petition dismissed
JUDGMENT
Vijay Bishnoi, J. - This criminal misc. petition under section 482 CrPC, 1973 is filed by the petitioner essentially with a prayer for transferring of investigation of the FIR No.415/2017 of Police Station, Sanchore, District Jalore for the offences punishable under sections 302, 307 and 34 IPC. It is also prayed that the investigation of FIR No.414/2017 of the same police station be consolidated with the above referred FIR.
2. The petitioner is widow of late Bhim Singh, who was allegedly killed in an encounter by the police personnel of Police Station, CCS (Central Crime Station), Kurnool, Andhra Pradesh on 27.10.2017 at Sanchore, District Jalore (Rajasthan).
3. The FIR No.414/2017 of Police Station, Sanchore, District Jalore has been lodged at the instance of Mr G.Raja Sekhar-Sub-Inspector of Police Station, CCS (Central Crime Station), Kurnool, Andhra Pradesh at 02:05 A.M. on 28.10.2017. Relevant portion of the FIR No.414/2017 is reproduced hereunder:
"To
The Station House Officer,
Sanchore Police Station,
Jalore District,
Rajasthan State.
Sir,
Sub: Andhra Pradesh Kurnool District Police Firing against Police Party at the outskirts of Sanchore near Jain temple, Sanchore Right of private defense Request to take necessary action-Regarding.
Ref:- Cr. No.177/2017 under section 365, 324, 397, 395 IPC, section 25 (1)(b) Arms Act of Dhone rural Ps. Kurnol district, Andhra Pradesh.
I, G.Raja Sekhar, Inspector of Police, CCS, Kurnool, Andhra Pradesh, would like to bring the following few lines for necessary action.
It is to inform that on the intervening night of 12/13.09.2017 at about 1.30 a.m., while the complainant in the reference cited case Deep Karan Chowbisa along with another proceeding towards Bangalore, at Obulapuram mitta in NH 44 at Dhone, some unknown offenders armed with fire arms intercepted Scorpio vehicle AP 09 CW 0880 of complainant with their 2 vehicles, attacked them and threatened at the point of fire arms, committed dacoity of Rs. 5.5 crores being transported in the vehicle. They further abducted the complainant and another. Basing on the complaint, a case in the reference cited was registered and investigated into.
Being one of the sensational cases ever witnessed by the District special teams were formed as per the instructions of Supd. of Police, Kurnool to apprehend and arrest the accused. A Swift vehicle bearing register No. MH12 NU 9244 was used to commit dacoity was identified and during further investigation, it was learnt that the offenders robbed away the vehicle from Reserve Inspector of Police at Yauvat of Pune by inflicting severe gunshot injuries which is a subject matter of Cr.No. 164/2017 under section 394, 397, 341 r/w 34 IPC and Section 3 & 27 of Arms Act of Yauvat PS, Pune. Maharashtra State. It was also learnt that another Honda Mobilio vehicle (car) bearing No. RJ 27AH 5233 was committed theft from Gujarat State.
Later with the help of CCTV footages captured at Panchalingala toll gate and nearby hotel at kurnool of Andhra pradesh and at Medchal outer ring road exit toll of Telangana state and other places established the identity of the accused. A team under incharge of DSP, CCS, Kurnool visited Rajasthan State and Gujarat. As per the instructions of DSP, myself along with Srinivasulu, SI Dhone town PS, Madhusudhan Rao, SI Pathikonda PS visited Sanchore town yesterday i.e. on the evening of 26.10.2017. Today i.e. on 27.10.2017 morning we received information from our team that one of our teams arrested Purannath Goswamy, Bharat Kumar Mali and Tagaram in the above case. On their confession, we leant that the prime accused Bheem Singh who is involved in 15 and some other cases in Rajasthan and a History sheet maintained in Bhinmal P.S, is moving in the vicinity of Sanchore in a white Scorpio vehicle Reg. No. RJ21 UB 1800 and accordingly myself and my team in a private Scorpio vehicle MH49 U 5513 (driver Shankar) kept a watch on NH 15 in the outskirts of Sanchore town towards Barmar fo
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