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2018 DIGILAW 576 (RAJ)

Chiman Singh v. State of Rajasthan

2018-02-17

SANDEEP MEHTA

body2018
JUDGMENT Sandeep Mehta, J —By way of the instant misc. petition under Section 482 Cr.P.C., the complainant Chiman Singh has approached this Court seeking a direction for fair investigation of the FIR No.272/2015 registered at Police Station Hiran Magri (Original FIR No.313/2014 registered at Police Station Mahamandir, Jodhpur) and also to challenge the order dated 24.12.2014 passed by the learned D.C.P. (East) , Jodhpur Commissionerate, Jodhpur directing transfer of the original FIR registered at the Police Station Mahamandir, Jodhpur to the Police Station Hiran Magri, Udaipur. 2. Facts in brief are that the petitioner filed a complaint in the court of the learned ACJM, No.3, Jodhpur which was forwarded for investigation to the Police Station Mahamandir, Jodhpur under Section 156(3) Cr.P.C. It was alleged in the complaint that the petitioner was appointed as an Assistant Professor in the Department of Community Medicine at the Geetanjali University, Udaipur from 13.11.2010 onwards. The petitioner claimed that he was made to sign a declaration for continuation in service for the years 2014-15 as well. However, he was not paid emoluments as per his entitlement. He received at totally fraudulent intimation from the University that his resignation had been accepted and his services had been terminated from the University w.e.f. 31.10.2013. The petitioner claimed in the complaint that he had never signed any such resignation letter and that the document, if any, must have been forged by the persons at helm of affairs in the University. Upon receiving the complaint, the learned Magistrate heard the arguments advanced by the petitioner's counsel and considering the dispute to be within its jurisdiction, the same was forwarded to the Police Station Mahamandir for investigation under Section 156(3) Cr.P.C. The petitioner claims that to his utter surprise, he received an intimation from the Police Station Hiran Magri that the FIR lodged by him had been transferred to that police station and a fresh FIR No.272/2015 had been registered there. The petitioner has asserted that owing to lack of documents, he was prevented from taking timely action regarding the illegal and unjustified transfer of his FIR from P.S. Mahamandir to the Police Station Hiran Magri. He further claims that the SHO, Police Station Hiran Magri filed a final report in the court concerned without conducting any investigation whatsoever. 3. The petitioner has asserted that owing to lack of documents, he was prevented from taking timely action regarding the illegal and unjustified transfer of his FIR from P.S. Mahamandir to the Police Station Hiran Magri. He further claims that the SHO, Police Station Hiran Magri filed a final report in the court concerned without conducting any investigation whatsoever. 3. The petitioner thereafter, collected the copies of the relevant documents and found that the DCP had, passed an ex-parte order dated 24.12.2014 and illegally transferred the FIR lodged at Police Station Mahamandir to the Police Station Hiran Magri. This order was passed without providing an opportunity of hearing to the petitioner. With these allegations, the petitioner has approached this Court so as to challenge the action of the respondents in transferring investigation of the original FIR lodge at P.S. Mahamandir to Police Station Hiran Magri, Udaipur and seeking a direction for fair investigation. 4. I have heard the arguments advanced by learned counsel Shri Jain representing the petitioner and have gone through the material available on record including the case diary made available by the learned Public Prosecutor for this Court's perusal. 5. There is available on the case diary, copy of an order passed by the competent court i.e. the ACJM, No.3, Jodhpur Metropolitan who granted permission to transfer the matter to the Police Station Hiran Magri because the material collected during investigation did not disclose any part of cause of action within the territorial jurisdiction of Police Station Mahamandir. After transfer of the file to Police Station Hiran Magri, the I.O. concerned conducted investigation and recorded the statement of the petitioner under Section 161 Cr.P.C. It may be stated here that the petitioner never raised any objection at that stage as to why his statement was being recorded by the officer of P.S. Hiran Magri. 6. The I.O. proceeded to file a negative final report in the court concerned with a categoric finding that no offence whatsoever was found to be made out from the material collected during investigation. 7. I have also examined the allegations as set out in the FIR and find that ex-facie, none of the alleged offending acts took place within the jurisdiction of Police Station Mahamandir. 8. Admittedly, the so-called forged resignation letter, if any, of the petitioner was prepared at Udaipur. 7. I have also examined the allegations as set out in the FIR and find that ex-facie, none of the alleged offending acts took place within the jurisdiction of Police Station Mahamandir. 8. Admittedly, the so-called forged resignation letter, if any, of the petitioner was prepared at Udaipur. Mere receipt of the intimation at Jodhpur cannot be construed as forming a part of cause of action. That apart, the petitioner participated in the investigation conducted by the I.O. designated at the Police Station Hiran Magri without raising any protest whatsoever and thus, he cannot be now allowed to take a 'U' turn and claim that transfer of investigation to that police station was unjustified. Having once submitted to jurisdiction of the Police Station at Hiran Magri without any protest, the petitioner cannot be allowed to raise a protest regarding transfer of the investigation to the said police station. The so-called allegations of breach of principles of natural justice, etc. have become redundant in view of the subsequent development i.e. voluntary participation of the petitioner in the investigation conducted at the P.S. Hiran Magri. This virtually amounts to ratification of transfer of the investigation file to the said police station. Otherwise also, the transfer was directed as an administrative exigency because the I.O. at P.S. Mahamandir had no jurisdiction to investigate the case. If at all, the petitioner is aggrieved that the investigating officer of the Police Station Hiran Magri did not conduct investigation fairly then, he can always submit an application to the concerned Magistrate who can direct the police officials to further investigate the matter if the circumstances so warrant. 9. In case, the petitioner moves an application to the Magistrate concerned with a prayer for fair investigation, the file shall be returned to the I.O. for conducting further investigation more particularly regarding the alleged forged resignation letter of the petitioner. 10. With these observations, the instant misc. petition as well as stay application are dismissed as being devoid of merit.