S.B. CRIMINAL MISC. PETITION NO.5124/2014

(Shailendra Singh Vs. State of Rajasthan)

1

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JAIPUR BENCH, JAIPUR

S.B. CRIMINAL MISC. PETITION NO.5124/2014

(Shailendra Singh Vs. State of Rajasthan)

Date of Order : 15^th January, 2015

HON'BLE MR. JUSTICE M.N.BHANDARI

Mr.Anil Upman, for the petitioner/s.

Mr.Sudesh Saini, Public Prosecutor.

Mr.Raju Lal, SHO, Chhabra.

By the Court:

By this criminal misc. petition, a challenge is made to

the FIR bearing No.229/2014 registered with Police Station Iawa,

district Kota. A huge quantity of “Bajri” was recovered and given

on “Supurdgi” to the petitioner and others. An FIR was lodged and

the Police named the petitioner and others.

Learned Public Prosecutor was asked to call the

Investigating Officer to find out the basis for naming the

petitioner and others as accused immediately on recording of FIR,

moreso when, it was registered without naming anyone. The

accused could have been named after investigation.

It is stated that while lodging the FIR, request was

made by the officer of government department not to name the

accused having political background and support, thus FIR was

S.B. CRIMINAL MISC. PETITION NO.5124/2014

(Shailendra Singh Vs. State of Rajasthan)

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lodged by him without naming anyone, though names were disclosed

otherwise.

At this stage, learned counsel for the petitioner

submits that fair investigation cannot be expected from the

present agency, thus case be referred to CBI for further

investigation not only to find out the allegation in the FIR but role

of all the government officers also. This is moreso when the

matter pertains to environment and if any politician or others are

involved or giving shelter to someone, it should come during the

course of the investigation. The Hon'ble Apex Court has given due

sanctity to the environment and for that reason also, transfer of

case to CBI for further investigation would be necessary in the

changed circumstances.

Learned Public Prosecutor has no objection to

transfer of the case to CBI for investigation.

I have considered the submissions made by learned

counsel for the petitioner/s.

It is, no doubt true that immediately after lodging of

FIR, without naming accused, the Police mentioned name of

accused below the FIR itself. The reason for it has been given. It

is the fear in the mind of government officers to name anyone

having political background. The role of everyone is required to be

S.B. CRIMINAL MISC. PETITION NO.5124/2014

(Shailendra Singh Vs. State of Rajasthan)

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seen in reference to FIR in question itself, thus prayer of learned

counsel for the petitioner to refer the matter to CBI is accepted.

The investigation of this case should now be conducted by the CBI,

thus file of this case along with complete record should be

transferred to CBI by the present Investigating Officer/Police

Station. The CBI would be expected not only to cause investigation

in regard to the allegation in the FIR but role of all others, which

includes even the role of government officers.

With the aforesaid, this criminal misc. petition is

disposed of. This disposes of the stay application as well.

(M.N. BHANDARI), J.

S/No.43

Preeti, P.A.

All corrections made in the judgment/order have been incorporated in the

judgment/order being emailed.

Preeti Asopa

P.A.