MUNNA KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner had filed this writ petition in the year 1996 with the prayer that the investigation of FIR No. 46/96 and FIR No. 47/96 registered at Police Station Suket in the District of Kota as contained in Annexure-1 & 2 respectively should be handed-over to the Central Bureau of Investigation who should be directed to register a regular First Information Report against respondent No. 2 Shri Rajeev Datta, Station House Officer of Police Station Suket District, Kota, who was posted there when the aforesaid FIRs were lodged. THE petitioner admittedly is an accused in FIR No. 47/96, since he was alleged to be a member of the gang which had created commotion as a result of which the police firing took place at Suket in the District of Kota. THE petitioner's further prayer was that the FIR No. 46/96 which has been lodged against one Khaju and FIR No. 47/96 in which the petitioner Munna Khan is also an accused alongwith others should be quashed and the State Government should give adequate compensation to the victims of the illegal acts committed by respondent No. 2 Station House Officer, Shri Rajeev Datta.

(2.) IT appears that the petitioner prima facie made out a case in his favour to the extent that the FIR No. 47/96 may be a false case registered at the instance of the SHO of Suket in which the petitioner was illegally implicated and the firing in the area in fact took place on account of the high-handedness and misbehaviour of the police in the vicinity, on the relevant date for which the FIR No. 47/98 was registered. Relying on this version, a learned Single Judge of this Court granted stay of arrest of the petitioner but allowed the investigation of the two FIRs to proceed. In course of time, it is complained that nothing whatsoever took place further in the case as there was no break through in the investigations of the two FIRs. IT is their is further complaint that the whole incident ought to have been investigated by the Central Bureau of Investigation since the local police was not acting fairly and impartially. As already stated they had also the grudge that the FIR which they tried to lodge against the police personnel at Suket, who were posted during relevant time, should also have been registered and this angle also should have been investigated by the police. This matter thus has been hanging ever since the year 1996 without any progress in the matter.

(3.) SUBJECT to this liberty the writ petition is dismissed as infructuous. .