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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR Shivraj S/o Shri Gajraj Gurjar, R/o Kapura Maluka, Bayana, District Bharatpur.
----Petitioner Versus
1. State Of Rajasthan, Through Pp.
2. Director General Of Police, Rajasthan, Police Head Quarters, Jaipur.
3. The Superintendent Of Police, Bharatpur.
4. Sho Police Station Bayana, Bharatpur.
----Respondents Connected With S.B. Criminal Miscellaneous (Petition) No. 934/2019
1. Smt Anita W/o Sher Singh, Aged About 25 Years, R/o Kapura Maluka, Bayana, District Bharatpur.
2. Shri Anoop Singh S/o Shri Rupay @ Roop Singh, Aged About 28 Years, R/o Kapura Maluka, Bayana, District Bharatpur.
3. Shri Sher Singh S/o Shri Rupay @ Roop Singh, Aged About 26 Years, R/o Kapura Maluka, Bayana, District Bharatpur.
----Petitioners Versus
1. State Of Rajasthan, Through Pp.
2. Shri Shivraj S/o Shri Gajraj, Aged About 32 Years, R/o Kapura Maluka, Bayana, District Bharatpur.
----Respondents For Petitioner(s) : Mr. R.S. Bharadwaj in Cr. Misc.
Petition No.1053/2019 Mrs. Naina Saraf in Cr. Misc. Petition No.934/2019 For Respondent(s) : Mr. S.S. Mahla, PP for State HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Order
07/03/2019 S.B. Criminal Misc. Petition No.1053/2019:
The instant petition has been filed under Section 482 Cr.P.C.
by the complainant praying that direction be issued to the respondents to conduct fair, proper, impartial and expeditious investigation in case arising out of FIR No.716/2018, registered at P.S. Bayana, District Bharatpur for offences under Sections 420, 467, 468, 471, 120B, 406, 409 IPC IPC.
Mr. R.S. Bharadwaj, learned counsel for the petitioner has stated at bar that investigation is still pending and no report of investigation has been submitted in any court till today.
The learned Public Prosecutor for the State, to allay the apprehension of the petitioner, at the outset, has submitted that not only fair, impartial investigation shall be conducted, but the report of the investigation along with the opinion of the Investigating Officer shall be submitted in the concerned Court within a period of two months from the date of receipt of certified copy of this order by the Investigating Officer.
The learned counsel appearing for the petitioner submitted that the present petition be disposed of in terms of the statement made by the learned Public Prosecutor for the State.
Ordered accordingly.
A copy of this order under the seal and signature of the Court Master be handed over to the learned Public Prosecutor for onward transmission and necessary compliance.
Present petition has been filed under Section 482 Cr.P.C. by the accused petitioners seeking quashing of FIR No.716/2018, registered at Police Station Bayana, District Bharatpur, for offences under Sections 420, 467, 468, 471, 120B, 406 and 409 IPC.
A perusal of the FIR reveal that it is alleged that the petitioner No.1 while working as Sarpanch, in connivance of petitioners No.2 and 3, prepared forged, fabricated muster rolls by reflecting her relations as labourers and withdrew the funds of the Panchayat.
Learned counsel for the petitioners has submitted that false allegations have been leveled due to political rivalry and vendetta.
Truth and veracity of allegation cannot be determined in a petition under Section 482 Cr.P.C. as the same require evidence.
Consequently, present petition is dismissed. The petitioners, if so advised, may raise all arguments available to them before the trial court at appropriate stage.
(KANWALJIT SINGH AHLUWALIA),J
