ISHWAR SINGH RAJPUT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal misc. petition has been preferred by the accused-petitioners seeking quashing of FIR No. 53/2016 registered at Police Station Aaspur District Doongarpur for the offences under Sections 302 , 201, 458, 323, 147 and 149 I.P.C. filed by Smt. Kalawati Devi.

(2.) The aforesaid FIR came to be filed by Smt. Kalawati Devi alleging that Laxman Singh S/o Shri Vijay Singh alongwith Praveen Singh and 30-35 people came to her house on 4.3.2016 in the evening at about 8.00 to 8.30 pm, scuffled and dragged away her daughter-in-law Ramu to in front of Laxmi Narayan temple and pour kerosene on her and set her ablaze. All the family members were threatened by the accused persons who were 30-35 in numbers and that is why, they could not lodge any complaint against them in the Police Station. The matter was thoroughly investigated and a charge sheet was filed against as many as 15 persons for the offences under Sections 147, 323, 458, 364, 302, 201 and 120B/149 I.P.C. Investigation was kept pending against 15 persons including the present petitioners.

(3.) The instant criminal misc. petition has been filed by the petitioners seeking quashing of the proceedings of the impugned FIR on the ground that the police is proceeding against them without any rhyme and reason whatsoever and without there being any fresh evidence on the record. The contention of Shri Mridul Jain, learned Counsel representing the petitioners was that a complete charge sheet has already been filed by the I.O. and thus, without any additional evidence being collected, the proceedings cannot be permitted to be continued against them. Shri Jain drew the Court's attention towards the language of Section 173 Cr.P.C. and urged that further proceeding and filing of the fresh charge sheet is only permissible where additional evidence becomes available to the I.O. during course of investigation and a supplementary charge sheet cannot be filed merely on the ipse dixit of the I.O. without fresh evidence having been collected. On these grounds, Shri Jain implored the Court to accept the instant criminal misc. petition and quash the proceedings of the impugned FIR to the extent of the petitioners.