2017 Supreme(Online)(Raj) 92
HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MAHESH CHANDRA SHARMA
SATYA NARAYAN MEENA – Appellant
Versus
STATE OF RAJASTHAN AND ORS – Respondent
CRLMP / 542 / 2017
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B.Criminal Misccellaneous (Petition) No. 542 / 2017 Satya Narayan Meena ----Petitioner Versus State Of Rajasthan And Ors ----Respondent _____________________________________________________ Mr. B.S Sinsinwar, Sr. Advocate with Mr. Kartar Singh, Mr. Rajendra Prasad, President, Bar Association, Rajasthan High Court, Jaipur with Mr. Laxman Meena, Dr. Mahesh Sharma, Mr. Sanjay Sharma, Mr. S.R. Surana, Mr. Satish Khandal, Mr. Rajesh Mahrishi, Mr.
Kamal Sharma, Mr. Anil Upman, Mr. Bhagwat Singh Rajawat, Mr.
Bhuvnesh Sharma, Mr. Umesh Vyas, Mr. Ashok Yadav, Mr. Karanpal Choudhary, Dr. Vibhuti Bhushan Sharma, Mr. S.S Ola, Mr. Akbar Ahmed, Mr. S.S Ola etc. for the complainant petitioner Mr. B.N Sandhu, learned Addl. Advocate General for the State Mr. N.S Shekhawat learned PP for the State Mr. Sanjay Agrawal, Commissioner of Police, Jaipur SHO Police Station, Ashok Nagar, Jaipur appears in person Dr. Mahendra Kumar Agrawal, Dr. Vijendra Jr-II, Medicine, Mr. D.K.
Sharma, Associate Professor, Forensic Medicine, Dr. P.c. Saini, Resident Forensic Medicine and Dr. Raghuraj, Resident General Medicine present in person _____________________________________________________
HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA
Order
25/01/2017 Instant petition has been filed by the complainant petitioner- Satya Narayan Meena under section 482 Cr.P.C seeking direction to the respondents for making fair, proper, impartial and expedite investigation as also to arrest the accused persons in connection with FIR No. 32/2017 registered at Police Station, Ashok Nagar, Jaipur (South) for the offence under section 328 IPC.
The matter was taken by the Court in the morning hours and during the morning hours, the Court directed Mr. B.N. Sandu, learned Addl. Advocate General to call for the Commissioner of Police, Jaipur, SHO, Police Station Ashok Nagar, Jaipur and also the concerned doctors who medically treated the petitioner to appear before the Court at 2:00 P.M.
Upon that at 2:00 P.M. Mr. Sanjay Agrawal, Commissioner of Police, along-with other police officers, SHO of Police Station, Ashok Nagar, Jaipur are present in person. The above-named doctors/ Medical Officers who have medically treated the complainant petitioner are also present in person.
The above named Counsel have submitted that the accused persons mixed poison / mercury in the tomato soup of the complainant petitioner Mr. Satya Narayan Meena in the Saras Parlour of High Court, Jaipur. After drinking the soup by the petitioner, vomiting was done. Thereafter, he was admitted in SMS Hospital, Jaipur where he was treated by the doctors. Counsel submitted that the present issue is serious one. Therefore, the I.O of the case be directed to investigate the matter fairly, properly and impartially. Counsel further submitted that one Constable /Guard may be provided to the complainant petitioner Satya Narayan Meena for protection of his life. After taking into consideration the submissions made by the Advocates, the Court asked a question from Mr. Sanjay Agrawal, Commissioner of Police, Jaipur whether he himself will investigate into the matter or investigation will be conducted by another competent officer. He straightforward submitted before the Court that Mr. Vikas Pathak, D.C.P. (Crime), Jaipur is much competent to investigate in the matter and the investigation into the matter will be got conducted by him.
In view of the above statement of Mr. Sanjay Agrawal, Commissioner of Police, Jaipur, the Court is of the view to direct Mr. Vikas Pathak, D.C.P (Crime), Jaipur to investigate in the matter fairly, properly and impartially and submit the progress report of the investigation before this Court on 30.1.2017. The present SHO/I.O., Ashok Nagar, Jaipur is directed to hand over complete case file of investigation to Mr. Vikash Pathak, D.C.P. (Crime), Jaipur today itself. The SHO, Police Station, Ashok Nagar, Jaipur is directed to take all the Medical Officers along-