MUKUN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition has been filed under Section 482 CrPC for quashing the proceedings pending before the learned Special Judge (SC/ST) Cases, Pali in Sessions Case 10.4.2010.

(2.) The short facts of the case are that a dead body was found on the railway track near village and inquest report has been prepared under Section 174, CrPC. The complaint was filed for the offences under Section 302, 201/34 IPC and Section 3(2)(5) of the SC/ST (Prevention of Atrocities) Act against the present petitioners which was sent for investigation. After investigation, the police submitted a negative report before the learned Magistrate on 1.8.2007. The notices were issued to the complainant and protest petition has been filed by the complainant. The learned Magistrate has recorded evidence of the complainant under Section 200, Cr.P.C. He has also recorded statements of other witnesses under Section 202, Cr.P.C. and after completion of enquiry, matter was pending for hearing arguments regarding taking of the cognizance. When the matter was fixed for hearing arguments, an application was filed by the Deputy Superintendent of Police, Pali stating therein that the matter was entrusted to the C.I.D. (CB) for investigation and hence the negative report should be returned to him. The learned Magistrate has returned the negative report and after that charge-sheet has been filed against the present petitioners.

(3.) The present petitioners moved an application that the committal order is perverse and prayed that the present petitioners should be discharged but that application has been rejected by the trial court. Hence this petition has been filed.