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2022 DIGILAW 559 (RAJ)

State of Rajasthan, through Public Prosecutor v. Ram Sharan Singh, S/o. Sh. Nathi Singh

2022-02-17

FARJAND ALI

body2022
ORDER : 1. The instant miscellaneous petition has been preferred on behalf of the State of Rajasthan seeking indulgence of this Court for issuance of directions to the learned Trial Court for providing adequate opportunity of being heard to the State of Rajasthan before passing any order since the learned Trial Judge is hell bent to decide the case during the course of the day. 2. Mr. R.P. Singh, learned AAG submits that here in this case, the first closure report came to be submitted in the Court in the year 2019 and thereafter, a second closure report got submitted. However, the protest against the closure report was made by the complainant in the year 2022. He further submits that the complainant has no personal grief rather he is politically motivated. He submits that before passing any order, in a protest petition moved by the complainant, sufficient opportunity has to be granted to the State of Rajasthan so that he could assist the Court and may make plea in support of the result of the investigation arrived at by them after conducting thorough investigation. 3. Learned counsel further submits that the matter pertains to the year 2014. At present there is no such eminent urgency for which the matter required to be decided within 24 hours. Despite this fact situation; the learned Trial Judge is hell bent to hear and decide the same during the course of the day without awarding ample opportunity to the State. It is submitted that a special Public Prosecutor has been appointed in this matter to assist the Court as well as to put the case of the State of Rajasthan, therefore, opportunity of hearing ought to have been granted. 4. Heard. Gone through the material as made available on record. 5. Indisputably, the FIR came to be lodged in the year 2014 and thereafter, the first closure got submitted in the year 2019. Since then, the matter was pending before the Court below. No action has been taken either at the behest of the complainant or by the learned Trial Court to decide the case. It is only after filing of the second supplementary report, the protest petition was submitted in January, 2022. 6. "Audi Alteram Partem" is the fundamental principle of court of law and justice. No action has been taken either at the behest of the complainant or by the learned Trial Court to decide the case. It is only after filing of the second supplementary report, the protest petition was submitted in January, 2022. 6. "Audi Alteram Partem" is the fundamental principle of court of law and justice. It is for the prosecution to assert before the Court that what were the grounds and basis on which the closure report was submitted, therefore, apart from the complainant, the State of Rajasthan should have been granted sufficient time to put its case before the Court. Since, the special Public Prosecutor has been appointed in this case only on 15.02.2022, and the matter has a voluminous record, it can be assumed that he would require further more time to prepare the case. 7. In this view of the matter, this Court is inclined to allow the petition. Accordingly, the instant miscellaneous petition is allowed and it is directed to the learned Special Judge, Prevention of Corruption Act Cases No. 4, Jaipur Metropolitan, Jaipur that the protest petition pertains to FIR No. 422/2014 registered at Police Station CPS ACB Jaipur shall not be decided in a rash or head long action and the desired opportunity shall be granted to the State of Rajasthan to put its case before the Court. Sufficient opportunity be given to the learned Special Public Prosecutor to prepare the case. 8. The request of the learned AAG is allowed to the extent that further time of not more than two months shall be granted to the State of Rajasthan to put its case before the Court. 9. Accordingly, the instant miscellaneous petition is allowed in the above terms. 10. The stay application also stands disposed of.