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2013 DIGILAW 1561 (RAJ)

Phuli Devi v. State of Rajasthan

2013-09-06

SANDEEP MEHTA

body2013
JUDGMENT 1. - Issue Notice. 2. Learned Public Prosecutor accepts notice on behalf of the respondent State of Rajasthan. 3. The matter is heard and decided with the consent of learned counsel for the parties. 4. The instant misc. petition has been filed on behalf of the petitioner challenging the order dated 8.7.2013 passed by the learned Addl. Sessions Judge, No. 3, Bikaner in Sessions Case No. 155/2012, whereby, the application filed on behalf of the petitioner under Section 227 Cr.P.C. was rejected. 5. Briefly stated the facts necessary for the disposal of this misc. petition are that the 'parcha-bayan' of the petitioner was recorded by the Sub Inspector of the Police Station Nokha on 7.6.2012. Based on the said 'parcha-bayan', an F.I.R. No. 283/2012 was registered for the offences under Sections 458, 307, 342, 323, 354, 147, 148, 149 and 427 I.P.C. The principal allegation in the F.I.R. was that the petitioner's four years old grand daughter was thrown on the ground by the accused deliberately with the intention of killing her. The various persons accused in the 'parcha-bayan' were arrested. The Investigating Officer out of the above recorded the statement of one Raj Kumar on 27.7.2013 i.e. after one month and 20 days of the incident. On the basis of the said statement, the complainant herself was indicated as an accused in the case for having thrown her own grand daughter on the ground. The I.O. filed a charge-sheet against the petitioner along with the other co-accused person who were named in the petitioner's 'parcha-bayan'. The learned trial Court proceeded to frame the charge against the petitioner by order dated 19.3.2013. 6. It appears that further investigation was still being conducted under the supervision of superior officials of the Police even after filing of the charge-sheet. A letter dated 4.3.2013 was forwarded by the Investigating Officer to the Inspector General of Police, Bikaner Range, Bikaner, as per which, the conduct of the Inspector Surendra Kumar who investigated the matter was found to be suspicious and accordingly, the Investigating Agency proposed a closure report against the petitioner. However, the said report appears to have been withheld from the Court. Ultimately, a report dated 2.4.2013 was presented in the Court of learned Civil Judge (Junior Division) and Judicial Magistrate, Nokha. 7. Learned Public Prosecutor assisted by Mr. However, the said report appears to have been withheld from the Court. Ultimately, a report dated 2.4.2013 was presented in the Court of learned Civil Judge (Junior Division) and Judicial Magistrate, Nokha. 7. Learned Public Prosecutor assisted by Mr. Sriram, the S.H.O., Police Station Nokha submits that the proceedings under Rule 17 of the CCA Rules have been initiated against the then I.O. Shri Surendra Kumar for having conducted the investigation unfairly. 8. Learned counsel for the petitioner prays that in view of the subsequent developments, the order framing charges against the petitioner deserves to be quashed and a direction be issued to the learned trial Court for fresh consideration on the question of framing charges qua the petitioner. 9. Learned Public Prosecutor does not dispute the proposition and submits that the Investigating Agency has not found the petitioner involved in the case as per the detailed report submitted to the Court. He submits that in view of the subsequent investigation report, the prosecution has no objection if the petitioner's case is reconsidered on the question of charges. 10. In this view of the matter, the misc. petition is allowed. The order dated 8.7.2013 passed by the learned Addl. Sessions Judge, No. 3, Bikaner in Sessions Case No. 155/2012 is set aside. As a consequence thereof, the order framing charges dated 19.3.2013 is hereby quashed to the petitioner's extent. The learned trial Court is directed to hear the arguments on behalf of the petitioner on the question of framing charge afresh and thereafter, pass a fresh and reasoned order after taking into account the subsequent reports submitted by the Investigating Agency.Stay petitinon stands disposed of.Petition allowed. *******