Research › Search › Judgment

Rajasthan High Court · body

2019 DIGILAW 594 (RAJ)

Om Prakash Saini v. State of Rajasthan, Through PP

2019-02-19

KANWALJIT SINGH AHLUWALIA

body2019
JUDGMENT 1. The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 83/2019 registered at Police Station Kotwali, District Sawai Madhopur for the offences under Sections 332, 353 and 342 IPC. 2. In the present case, FIR has been lodged by SHO, Police Station Kotwali, Sawai Madhopur. In the FIR it is stated that police officials came for search of one Pooja Suman daughter of Ramavtar Suman. It is further alleged in the FIR that the petitioner abused the police officials. He had an altercation with police officials, resulting into scuffle and beating of police officials. It is further alleged in the FIR that the petitioner wrongly confined police officials for a period of one hour. 3. The petitioner, present in person, has stated that his brother Laxmi Narayan Saini is an Advocate. He had filed S.B. Cr. Misc. Petition No. 1012/2019 titled as Pooja Suman & Anr. v. State of Rajasthan & Ors. , in which this Court had passed the order Annexure-2. 4. It will be apposite here to reproduce order Annexure-2 passed by this Court on 11.2.2019, as under:- "Present petition has been filed under Section 482 Cr.P.C. praying that respondents Nos. 1 to 4 be directed to protect life and liberty of the petitioners as they apprehend danger to their lives at the hands of respondent No. 5. This court in pre-lunch session had directed the Registrar (Judicial) of this court to record statement of petitioners upon their due identification. In pursuance of said order, Registrar (Judicial) has recorded statement of petitioners. The said statements are taken on record. This court in pre-lunch session had directed the Registrar (Judicial) of this court to record statement of petitioners upon their due identification. In pursuance of said order, Registrar (Judicial) has recorded statement of petitioners. The said statements are taken on record. For ready reference, statement of petitioner No. 1 Pooja Suman is reproduced below:- ^^jktLFkku mPp U;k;ky; ihB] t;iqj ,lŒchŒ fØfeuy felŒ ihfV'ku uEcj 1012@2019 iwtk lqeu o vU; cuke jktLFkku ljdkj o vU; fnukad 11-02-2019 eSa iwtk lqeu iRuh Jh jkds'k lSuh iq=h Jh jkeorkj lqeu] tkfr ekyh] vk;q 19 o"kZ] fuoklh & xzke lsokiqj] csjkeiqjk] ';ksiqj] toklk] e/; Áns'kA gky fuoklh & HkS: th ikMk] xksV fcgkjh] [k.Mkj] ftyk & lokbZ ek/kksiqjA 'kiFkiwoZd c;ku djrh gaw fd esjh vkSj jkds'k lSuh dh nks lky igys lxkbZ esjs ?kjokyks us dh FkhA ysfdu ckn esa esjs ?kjokys esjh 'kknh dgh vkSj djuk pkgrs FksA ysfdu eSa jkds'k lSuh ls gh 'kknh djuk pkgrh Fkh blfy, eSa ?kj ij fcuk crk;s jkds'k lSuh ds ikl fnukad 05-02-2019 dks vk x;h vkSj ge nksuks us fnukad 08-02-2019 dks f'ko efUnj] t;iqj esa 'kknh dj yhA eSaus jkds'k lSuh ds lkFk 'kknh viuh ethZ ls ,oa fcuk fdlh ncko ds dh gSA 'kknh ds ckn ls gh eSa vius ifr jkds'k lSuh ds lkFk jg jgh gawA gekjh 'kknh ls esjs firkth jkeorkj lqeu [kq'k ugha gSA eq>s ,oa esjs ifr jkds'k lSuh dks esjs firk jkeorkj ls tku dk [krjk gS gesa lqj{kk Ánku dh tk;sA eSa Hkfo"; esa vius ifr jkds'k lSuh ds lkFk gh jguk pkgrh gawA eq>s vkSj dqN ugha dguk gSA uksV & xokg dk c;ku esjs funsZ'ku esa mlds dgs vuqlkj Vad.kdrkZ }kjk dEI;wVj ij Vafdr fd;k x;k] ftls xokg dks i<+dj lquk;k o le>k;k x;k rks mlus mDr dFkuksa dks lqu o le> dj lgh gksuk Lohdkj fd;kA jftLVkj U;kf;dA** It is also apposite here to reproduce statement of petitioner No. 2 Rakesh Saini, as under:- ^^jktLFkku mPp U;k;ky; ihB] t;iqj ,lŒchŒ fØfeuy felŒ ihfV'ku uEcj 1012@2019 iwtk lqeu o vU; cuke jktLFkku ljdkj o vU; fnukad 11-02-2019 eSa jkds'k lSuh iq= Jh jkeLo:i ekyh] tkfr ekyh] vk;q 20 o"kZ] fuoklh & HkS: th ikMk] xksV fcgkjh] [k.Mkj] ftyk & lokbZ ek/kksiqjA 'kiFkiwoZd c;ku djrk gaw fd esjh vkSj iwtk lqeu dh lxkbZ nks lky igys gq;h FkhA ysfdu ckn esa iwtk ds firkth mldh 'kknh dgha vkSj djuk pkgrs Fks blfy, iwtk lqeu vius ?kj ij fcuk crk;s viuh ethZ ls fnukad 05-02-2019 dks esjs ikl vk x;h vkSj ge nksuksa us viuh ethZ ls ,oa fcuk fdlh ncko ds fnukad 08-02-2019 dks f'ko efUnj] t;iqj esa 'kknh dj yhA 'kknh ds ckn ls ge nksuksa ifr&iRuh ds :i esa lkFk&lkFk jg jgs gSA gekjh 'kknh ls iwtk ds firkth [kq'k ugha gSA eq>s vkSj iwtk dks iwtk ds firkth jkeorkj ls tku dk [krjk gSA gesa lqj{kk Ánku dh tk;sA eSa vkSj iwtk Hkfo"; esa ifr&iRuh ds :i esa lkFk&lkFk jguk pkgrs gSA eq>s vkSj dqN ugha dguk gSA uksV & xokg dk c;ku esjs funsZ'ku esa mlds dgs vuqlkj Vad.kdrkZ }kjk dEI;wVj ij Vafdr fd;k x;k] ftls xokg dks i<+dj lquk;k o le>k;k x;k rks mlus mDr dFkuksa dks lqu o le> dj lgh gksuk Lohdkj fd;kA jftLVkj U;kf;dA** After going through the contents of the statements made by the petitioners, a direction is issued to respondent No. 4 to ensure necessary vigil that no physical harm is caused to the lives of the petitioners. In view of above, present petition is disposed of." 5. The petitioner contended that the police officials over reacted to search the house of the counsel of Pooja Suman petitioner to SBCRLMP No. 1012/2019. It is stated that the police officials have levelled false allegations. It is contended that it is unnatural that brother of the petitioner will cause injuries to police officials. It is further alleged that it is unbelievable that brother of the petitioner alone shall detain and wrongly confine the police officials who were five in number. 6. Disputed questions of facts are involved in the present petition, same cannot be adjudicated in a petition filed under Section 482 Cr.P.C. However, it cannot be ruled out at this juncture that the petitioner may be victim of false implication. 7. Taking totality of circumstances, the present petition is disposed of, by issuing following directions:- (a) That the investigation of the present case shall stand transferred from Police Station Kotwali, Sawai Madhopur to District Bundi. The Superintendent of Police, Bundi shall assign investigation of the impugned FIR to a Gazetted Police Officer at Bundi. (b) That the petitioner shall appear on or before 11.3.2019 before the investigating officer to whom investigation shall be assigned by Superintendent of Police, Bundi. (c) That till the petitioner appear before the investigating officer at District Bundi to whom investigation shall be assigned by Superintendent of Police, Bundi, arrest of the petitioner shall not be affected. (d) That the investigating officer at Bundi to whom investigation shall be assigned by Superintendent of Police, Bundi shall take into consideration the version of the petitioner and statement of the witnesses produced by the petitioner before formulating any opinion regarding guilt of the petitioner. (e) That in case the investigating officer at Bundi to whom investigation shall be assigned by Superintendent of Police, Bundi, comes to conclusion that arrest of the petitioner is to be affected, he shall serve a fifteen days prior notice upon the petitioner to enable him to approach the court of competent jurisdiction for grant of pre-arrest bail.