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ANIL KUMAR UPMAN
Bharat Kumar – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The instant misc. petition under Section 482 Cr.P.C. has been filed on behalf of the petitioner for quashing the entire criminal proceedings of Case No. 1912/17, pending trial before learned Metropolitan Magistrate No. 26, Jaipur Metropolitan City (Sanganer), arising out of FIR No. 47/17 PS Sanganer Sadar, Jaipur (South) for offences under Sections 341, 323 and 506 IPC.
2. Learned counsel for the petitioner vehemently and fervently contends that the entire criminal proceedings arising out of the impugned FIR is vitiated as investigation of the present case has been conducted by a Head Constable, who was not empowered to conduct the investigation of the case involving cognizable offence(s). He further submits that not only investigation was conducted by a Head Constable but charge-sheet was also filed by him, which is apparent from the charge sheet filed before the learned court below. He has placed reliance on the following judgments:
(i) Pankaj Bansal & Anr v. State of Rajasthan, 2018 (1) Cri. LR (Raj) 1
(ii) Pharisa Promin & Ors. v. State of Rajasthan, 2019 (4) Cr. L.R. (Raj. 1797
3. Learned counsel also draws attention of the Court to the information received under RTI Act
Only officers of and above the rank of Assistant Sub-Inspector are authorized to conduct investigations of cognizable offences, as per Section 157 Cr.P.C. and Rajasthan Police Rules.
Investigation proceedings remain valid despite procedural defects if sufficient substantive evidence supports charges, emphasizing the necessity of proper police authorization and hierarchical compli....
The investigation of non-cognizable offences without the order of a Magistrate is illegal and cannot be cured. The impugned FIR must disclose a cognizable offence to justify an investigation by the p....
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