MAHENDRA PRATAP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition under section 482 Cr. P. C has been filed for quashing the proceeding pending before the learned Munsif and Judicial Magistrate, Uniyara in criminal case No. 317/88, State v. Rajeshwar Singh and others.

(2.) BRIEF facts leading to this petition are that Assistant Land Record Officer, Circle Uniyara (Tonk) Shri Radha Mohan Bhatnagar has filed a report before the Superintendent of Police, Tonk on 13-9-1981 which was sent in turn to Circle Officer, Deoli for registration of a case accordingly who on 14-9-1981 sent it to the SHO, Nagar for registration of a case and investigating into the matter. On 21-9-1981 the SHO. , Nagar recorded the FIR No. 33/81 against the accused petitioners for offence under sections 353 and 332 IPC. After investigating into the case the SHO, P. S. Nagar prepared a charge-sheet No. 7/82 on 7-7-82 against six persons including the five petitioners. Before the charge-sheet could be forwarded to the court the SHO received instructions for sending the file to CID, Crime Branch for further investigation. The CID. , CB investigated into the matter and prepared final report No. 68/83 and sent it to the court of Munsif and Judicial Magistrate, Uniyara on 7-3-1983. This was placed before the learned Magistrate on 21-12-83 on which date he directed the notice to be issued to the complainant. The final report was placed before the learned Magistrate on 23-6-1984. The learned Magistrate passed a detailed order wherein he mentioned that since a charge sheet had already been prepared by SHO. , P. S. Nagar and subsequently a final report has been prepared which does not disclose as to why the earlier charge sheet was erroneous and because it has been mentioned in the final report that since the complainant has retired his influence on the departmental witnesses is no more. He deems it proper to send the case to the SHO, PS, Nagar Ford for detailed investigation after notice to the the complainant. This order passed by the learned Magistrate was placed by the LAO before the S. P. Tonk who sent an order in writing to the SHO, P. S. , Nagar that F. R. was sent to the court for perusal and in his opinion the matter has been got investigated and there is no necessity of further investigation. If the learned Magistrate considers that F. R. should not have been given he can take cognizance into the matter. The SHO, P. S. Nagar filed an application before the learned Munsif and Judicial Magistrate on 10-2-1985 on which the learned Magistrate passed an order on 29-3-85. He gave a notice of contempt to the SHO for not complying with his order, dated 23-6-1985 which date, it appears has been erroneously written for 23-6-1984. Thereafter it appears that the file remained lying in , the court of learned Magistrate who perused the same F. R. on 8-11-1988 and took cognizance of the offence against the petitioners filed a revision petition before the learned Sessions Judge, Tonk who dismissed the revision petition and upheld the order dated 8-11-1988. The learned Sessions Judge, Tonk took the aid of explanation to S. 470 Cr. P. C. in excluding the period during which the file remained pending with the learned Magistrate. It is against that order that the present petition has been filed.