PRAKASH BHANSALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has preferred both these Criminal iscellaneous Petitions under 'Section 482' Cr.P.C. seeking police protection of life and personal liberty and fair investigation in FIR No. 71 dated 17.01.2021, Police Station Udaimandir, Jodhpur, registered for the offences punishable under'Sections 420,'406,'467,'471'&'120-B'of the Indian Penal Code and Sections 3(1)(R), 3(1)(S) and 3(2)(Va) of the SC/ST Act.

(2.) Learned counsel for the petitioner appearing through video conferencing stated that although the petitioner has not been named in the questioned FIR yet, the Police Official(s) has issued notice under 'Section 160' Cr.P.C. to the petitioner only at the instance of either the complainant or the accused meaning thereby that there is a grave threat to the petitioner's life and well being. He stated that the petitioner apprehends a physical attack of grave nature from both the accused and the complainant as they seem to be in connivance of each other. While arguing other Criminal Misc. Petition (No. 2837/2021), learned counsel for the petitioner stated that despite not named in the questioned FIR, the petitioner has been called upon to appear before the Investigating Officer. He also stated that the Police is abusing its powers conferred under 'Section 160' Cr.P.C., calling the petitioner by issuing notice under'Section 160'Cr.P.C., therefore, it is clear that the said notice is wholly vague and a clear manifestation of abuse of power. He further stated that considering the fact that the petitioner is neither connected with the complainant nor with the accused, thus, it is very much clear that fair and impartial investigation is not being conducted into the questioned FIR. Lastly, learned counsel for the petitioner urges that in the present the questioned FIR was registered on 17.01.2021 and the petitioner, a senior citizen, has been called upon to appear before the Investigation Officer by issuing the notice on 28.05.2021 even'during the ongoing lock-down imposed to contain the second wave of COVID-19.

(3.) Learned Public Prosecutor submits that appropriate orders/directions may be issued.