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2012 DIGILAW 1642 (RAJ)

Geeta Bai v. State of Rajasthan

2012-07-27

SANDEEP MEHTA

body2012
JUDGMENT 1. - The instant misc. petition has been filed on behalf of the petitioner Smt. Geeta Bai, a lady aged about 80 years with a complaint that the Police Officers of the Police Station, Sojat Road, Distt. Pali have connived with certain persons and have managed to oust her from the house, of which, she was holding the possession a period in excess the last 25 years. Learned counsel submits that three F.I.Rs. have been registered in the matter, the first being F.I.R. No. 24/2012, registered on behalf of the petitioner, the second being F.I.R. No. 27/2012, registered by one Shri Gunwan Kumar and the third being F.I.R. No. 30/2012, again registered by the petitioner and the Police for the obvious reasons is not investigating the FIRs filed by the petitioner in the proper prospective because the Police Officers of the Police Station, Sojat Road, Distt. Pali are themselves accused in the F.I.R. filed by the petitioner being F.I.R. No. 30/2012. Learned counsel submits that the F.I.R. was filed was back on 15.3.2012 with serious allegations of abduction of an old lady for the purpose of providing means to the aforesaid Shri Gunwan Kumar for dispossessing her from the house and for theft of her articles, but till date, despite lapse of nearly four months, no progress has been made in the F.I.R. learned counsel for the petitioner submits that admittedly the petitioner was in possession of the house located at the village Manda, Tehsil Marwar Junction, Police Station Sojat Road, Distt. Pali since a period in excess of two decades. Learned counsel submits that the first informant in F.I.R. No. 27/2012 Shri Gunwan Kumar who claims himself to be the owner of the house (in the petitioner's possession) is a moneyed man and, therefore, he connived with the Police Officers and managed to forcibly and illegally oust the petitioner from the house with the aid of the Police Officers. Learned counsel further submits that fair investigation was not carried out on the F.I.R. being filed by the petitioner bearing F.I.R. No. 24/2012, registered at the Police Station Sojat Road, Distt. Learned counsel further submits that fair investigation was not carried out on the F.I.R. being filed by the petitioner bearing F.I.R. No. 24/2012, registered at the Police Station Sojat Road, Distt. Pali and instead, the Police Officers procured an F.I.R. from Shri Gunwan Kumar, who was trying to dispossess the petitioner from the house and, thereafter, the Investigating Officer came to the petitioner's house and the petitioner who is a 80 years' old frail lady was deliberately and malafides arrested in the concocted proceedings under Section 151 Cr.P.C. on 4.3.2012 with absolutely fictitious allegations and then whilst she was in custody, the possession of the house was given to Shri Gunwan Kumar by the Police Officers, and he in turn demolished the same and raised a wall around the property. 2. Heard learned counsel for the petitioner, learned Public Prosecutor and considered the documents annexed to the misc. petition. 3. A perusal of the record reveals that the police went with the preparation to remove the petitioner from the premises because a female constable was also taken with them. Apparently, the proceedings which have been carried out by the police smacks of mala fides. The Petitioner upon being examined in relation to the F.I.R. No. 24/2012, registered at Police Station Sojat Road, Distt. Pali has clearly stated that the wife of one Om Prakash requested her to vacate the house, to which, she refused on the ground that the person who was asking her to sign the documents was not the owner of the house. The petitioner has dearly stated that she did not sign the blank papers, on which, her thumb impressions were attempted to be taken. While no effective investigation was done on the petitioner's F.I.R., at the same time, the F.I.R. No. 27/2012 dated 3.3.2012 filed by Shri Gunwan Kumar was proceeded with great speed without there being any document on the record to show that Shri Gunwan Kumar was having any title or claim to the house. The receipt on the basis whereof the possession of the house is claimed by Gunwan Kumar admittedly does not bear the petitioner's verification and the Investigating Officer Shri Vasudeo Singh present in the Court admits that till date there is no document on the record, from which, it can be inferred that Shri Gunwan Kumar has any right or title to the house. 4. 4. The petitioner has specifically alleged in her F.I.R. that she was forcibly removed from the premises by the Police Officers on 4.3.2012 by malafidely arresting her in the proceedings under Section 151 Cr.P.C. and thereafter whilst she was confined in the concocted proceedings under Section 151 Cr.P.C., the possession of the petitioner's house was handed over to the first informant of F.I.R. No. 27/2012 and soon after taking possession of the house, he demolished the same and raised a wall around the property. It is surprising as to how the Police could usurp the jurisdiction of a civil Court and take away the possession of a house, in which, the old lady is living for the last nearly about 60 years as claimed by her. The petitioner after being released on bail in the proceedings under Section 151 Cr.P.C. approached the Police Officers by way of an F.I.R. but for the obvious reasons, the Police Officers had threatened the petitioner with dire consequences and therefore, the petitioner filed the complaint in the Court of the learned Addl. Chief Judicial Magistrate, Sojat against the Police Officers of the Police Station, Sojat Road; Distt. Pali, which has been sent to the Police under Section 156 (3) Cr.P.C., where after, the F.I.R. No. 30/2012 was registered for the offences under Sections 365, 380, 147, 342, 323, 330, 448, 427, 504, 384, 327 and 120-B I.P.C. The grievance of the petitioner by way of instant Misc. Petition is that the F.I.R. No. 30/2012 filed by her is not properly being investigated and thus the investigation be handed over to any independent agency like C.B.I., C.I.D. (Crime Branch) etc. 5. This Court whilst issuing notice on 10.7.2012, upon the request of the learned Public Prosecutor had given time to the learned Public Prosecutor for seeking report as to whether the investigation should be carried out by an officer of the rank not below the Superintendent of Police. No report has been filed by the learned Public Prosecutor in pursuance to the directions issued by this Court but the Investigating Officer Shri Vasudeo Singh, who is present in the Court today has showed dismal face upon the queries being made by the Court about the investigation made thus far. No report has been filed by the learned Public Prosecutor in pursuance to the directions issued by this Court but the Investigating Officer Shri Vasudeo Singh, who is present in the Court today has showed dismal face upon the queries being made by the Court about the investigation made thus far. The main fides of the Police Officers in this case is also revealed from the fact that in the arrest memo of the petitioner prepared on 4.3.2012, though, the presence of one Khushboo, a female constable has been mentioned, but the arrest memo bears no signatures of the constable. This Court is pained to find that a helpless 80 years' old lady was treated as if she was a common criminal by the Police Officers just in order to facilitate the illegal act of dispossessing her from the house. 6. Apparently, in this case, the Police Officers of the Police Station Sojat Road, Distt. Pali have acted in a mala fide fashion and have managed the possession of the house in question to be taken out from the hands of a lady aged about 80 years and have facilitated her dispossession by the aforesaid Gunwan Kumar. 7. Since, the Police Officers are themselves involved in the matter, thus, the possibility of fair investigation of the matter being carried out by the Police Officers of the Rajasthan Police appears to be remote. 8. The facts of the case are so grave because the Police has literally acted as property grabber and has facilitated the transfer of the possession of the house, in which, the old lady was living for about 60 years in an illegal fashion and as the Officers of the Rajasthan Police are directly alleged to be involved in the matter, therefore, the investigation has to be directed to be conducted by an independent agency. The petitioner has made a prayer in the misc. petition that her F.I.R. be investigated by the Central Bureau of Investigation. 9. In view of the aforesaid discussion, it is hereby directed that the investigation of all the three FIRs being FIR Nos. 24/2012, 27/2012 and 30/2012, registered at Police Station Sojat Road, Distt. Pali shall be carried out by the Central Bureau of Investigation, Jodhpur. 10. petition that her F.I.R. be investigated by the Central Bureau of Investigation. 9. In view of the aforesaid discussion, it is hereby directed that the investigation of all the three FIRs being FIR Nos. 24/2012, 27/2012 and 30/2012, registered at Police Station Sojat Road, Distt. Pali shall be carried out by the Central Bureau of Investigation, Jodhpur. 10. A copy of this order be sent to the S.P., Central Bureau of Investigation, Jodhpur forthwith, who shall take over the file from the concerned Police Officers and have the same investigated expeditiously.List the matter on 26.9.2012 for receiving the progress report.Petition allowed. *******