Shyam Lal Alias Shyam Sunder v. State of Rajasthan
1999-02-26
ARUN MADAN
body1999
DigiLaw.ai
JUDGMENT 1. - Heard learned counsel for the parties. From the perusal of affidavit filed by Chuna Ram, Dy. S.P Nagaur, it is apparent that the directions which were conveyed to him vide order dated 26.9.1997 have yet not been complied with. Instead of complying with the aforesaid directions of this Court which were conveyed to him through notice, he has deliberately avoided to do so and has rather been avoiding service of notice in the past in a highly derogatory' and contemptuous manner. He has purposely been trying to avoid his responsibility of supplying the documents as required by the petitioner. The accused petitioner is facing trial in Special Case No. 24/96 before the learned Special Judge Sikar for offence under Section 3 of the SC/ST (Prevention of Atrocities) Act, 1989 (for short "the Act of 1989") read with Sections 353 and 504 IPC on committal of the said case to the Special Judge by the Judicial Magistrate Laxmangarh, Sikar. From the perusal of the file, it is apparent that the petitioner had filed several applications under Section 91, Cr.P.C. detailing the documents which he had asked for but, unfortunately the said request of the petitioner has not yet been complied with either by the prosecution or by even the then Special Judge Sikar, Shri Jagpal Singh. Vide order dated 13.11.1998, this Bench had specifically observed that it is not expected of a judicial officer of a rank of RHJS to have expressed his considered opinion in para 9 of his order which is altogether unwarranted and unjustifiable on his part and is a deliberate attempt on the part of the said officer to overcome and over reach this Court by not complying with the order of this Court dated 26.9.1997 as well as the subsequent orders which has purposely tried to make them practically infructuous by placing his erroneous interpretation contrary to the spirit and import of said orders. 2. The Registrar (General), Rajasthan High Court Jodhpur is directed to record adverse entry in the service book of Shri Jagpal Singh, RHJS to this effect. Likewise, the action is also envisaged against Chuna Ram, Dy. S.R Nagaur. The Director General of Police, State of Rajasthan, Jaipur is directed to take appropriate action on the administrative side against Chuna Ram, Dy.
The Registrar (General), Rajasthan High Court Jodhpur is directed to record adverse entry in the service book of Shri Jagpal Singh, RHJS to this effect. Likewise, the action is also envisaged against Chuna Ram, Dy. S.R Nagaur. The Director General of Police, State of Rajasthan, Jaipur is directed to take appropriate action on the administrative side against Chuna Ram, Dy. S.R Nagaur by recording adverse entry in his service book for having shown disrespect and disregard to this Court by not complying with the orders of this Court inspite of the fact that the service of notice was effected on him on 26.11.1997. As a matter of fact, it was the duty of Mr. Chuna Ram to have filed a proper affidavit and should have complied with the orders of this Court immediately after the receipt of the notices. The precious time of this Court has been lost time and again in this matter since Shri Chuna Ram, Dy. S.P has been avoiding his responsibility on one pretext or the other. 3. Keeping in view the facts and circumstances of this case and the manner in which the aforesaid officers of RHJS and Rajasthan State Police service have behaved, not only the dignity and decorum of this Court has been affected, but the administration of justice has also suffered. Mr. Anoop Dhand, learned counsel for the petitioner is directed to supply complete list of documents vide Annexure-1 on the record to Mr. Biri Singh, learned counsel for the respondent-contemner today itself. Thereafter, Mr. Biri Singh, learned counsel for the respondent shall supply the documents sought for by the petitioner to him today itself for which, Mr. Biri Singh has assured this Court. 4. This revision petition filed on behalf of the applicant-petitioner under Sections 397 read with Section 482, Cr.P.C. is allowed. The impugned-order dated 20.8.1996 passed by the learned Special Judge Sikar in Special CaSe No. 24/96 whereby the petitioner's application filed under Sections 91, 207 and 310, Cr.P.C., was rejected, is quashed and set-aside. The parties are directed to appear before the learned Special Judge Sikar on 10.3.1999 for compliance of the directions contained in this order as well as in the earlier order dated 26.9.1997. 5. With the above observations, this revision petition is disposed of. The notices of contempt issued in pursuance of the order dated 26.9.1997 are discharged. 6.
The parties are directed to appear before the learned Special Judge Sikar on 10.3.1999 for compliance of the directions contained in this order as well as in the earlier order dated 26.9.1997. 5. With the above observations, this revision petition is disposed of. The notices of contempt issued in pursuance of the order dated 26.9.1997 are discharged. 6. Coy of this order be sent to the Registrar General, Rajasthan High Court, Jodhpur and also to Director General of Police, State of Rajasthan, Jaipur for compliance. The summoned record which has been summoned from the office of Additional P.P. Sikar in FIR No. 110/94 registered with Police Station Laxmangarh, Sikar for offence under Sections 353, 504 read with Sections 3 of the SC/ST of the Act of 1989 in the matter of State v. Shyamlal be sent back to the Special Judge Sikar for compliance of this order so that the relevant documents which are required for the defence of the accused as per the requirements of law shsall be supplied to him.Revision Disposed of as Above. *******