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2004 DIGILAW 1615 (RAJ)

Rameshwar Lal v. State of Rajasthan

2004-11-03

K.C.SHARMA

body2004
JUDGMENT 1. - Through this petition under Section 482 Cr.RC., the complainant petitioner has prayed for direction to the SHO, Police Station Sadar, Sikar to file charge sheet No. 105/2004 (Annexure-2) against accused Mahaveer Prasad Balai in FIR No. 61/2004 of PS. Sadar, Sikar in the competent court and further, to take appropriate action against respondent No. 2 who has committed an illegal act of saving accused Mahaveer Prasad. 2. Learned counsel for the petitioner has argued that one Mahaveer Prasad who was driving jeep No. RJ 26 C 0493 rashly and negligently caused death of Mohini Devi for which FIR No. 61/2004 was registered. In the course of investigation, the witnesses stated that it was Mahaveer Prasad who caused the death by rash and negligent driving. However, the Investigation Officer is relying to save the accused and to indulge Surender Singh registered owner of the said jeep as an accused in the case. According to the learned counsel, the police completed investigation and prepared charge sheet No. 105/04 against accused Mahaveer. Learned counsel submitted that accused Mahaveer happens to be caste brother of Kanhaiyalal Bairwa (respondent No. 2), the then Addl. Superintendent of Police, Sikar and that respondent No. 2 in order to save his brother called the case file and ordered in writing thereon to file charge sheet against Surender Singh instead accused Mahaveer Prasad. 3. It appears that petitioner also submitted a representation to the Superintendent of Police requesting him to direct the investigating officer to submit charge sheet against accused Mahaveer, but of no avail. Ultimately, charge sheet No. 105/2004 Ex. 3 has been withheld and charge sheet No. 105-A/2004 has been filed against Surendra Singh, whereupon the trial court has already taken cognizance of the offence under Sections 279, 337 and 304-A against Surendra Singh. 4. Having gone through the contents of the petition, I am of the considered view that the reliefs sought for by the complainant petitioner cannot be granted in exercise of powers under Section 482 Cr.RC. This court cannot interfere with the investigation carried out by the police, it is evident from the file that police after investigation in FIR No. 61/2004 has already submitted charge sheet against the accused in the appropriate court and the court has already taken cognizance of the offences. This court cannot interfere with the investigation carried out by the police, it is evident from the file that police after investigation in FIR No. 61/2004 has already submitted charge sheet against the accused in the appropriate court and the court has already taken cognizance of the offences. The appropriate course left open for the petitioner is that, if so advised, he should approach the trial court by filing an application under Section 319 Cr.RC. at the appropriate stage of trial. He may take all such contentions which have been raised in this petition under Section 482 Cr.RC. Consequently, the petition stands disposed of with the above directions.Petition dismissed. *******