LAWS(SC)-2022-2-100

SARDAR MEENA Vs. STATE OF RAJASTHAN

Decided On February 22, 2022
Sardar Meena Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) Leave granted.

(2.) An FIR was registered on 12/5/2021 by the complainant Ravi Kumar Meena against the appellant who is a Sarpanch of Gola ka Bas alleging that the said Sarpanch along with 8-10 other associates, with the intention of committing the offence of robbery, loot and murder came on a vehicle in the night armed with weapons. They committed offence of house trespass and with intention to cause fatal injury even started indiscriminate firing. This has allegedly caused injuries on several parts of the body of the complainant. On the registration of the FIR, the police started investigation and took the appellant into custody. The endeavour of the appellant to procure bail from the trial Court did not succeed but ultimately the High Court granted bail. The charge sheet is stated to have been filed post investigation and is awaiting the application of the mind by the trial Court concerned on whether there is sufficient material to frame charges.

(3.) The aforesaid proceedings resulted in the Development Officer, Panchayat Samiti, Rajgarh seeking information about the FIR and further materials. Successive reports were sent by the police. The Development Officer wrote a letter on 24/5/2021 to the Chief Executive Officer, District Parishad, Alwar intimating the latest factual scenario. He in turn shared the findings of his enquiry along with factual reports received from the Police Station, Tahla with the Governing Secretary and Commissioner, Rural Development and Panchayati Raj Department, Government of Rajasthan on 24/5/2021. A preliminary enquiry was initiated under Sec. 38(1) of the Rajasthan Panchayati Raj Act, 1994 read with Rule 22(2) of the Rajasthan Panchayati Raj Rules, 1996 and a charge sheet was issued on 16/6/2021. The appellant was suspended on 16/6/2021 pending the enquiry.