JUGAL KISHORE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS misc. petition under Section 482 Cr. P. C. has been filed by the accused petitioners with a prayer that FIR No. 135/2001 of the Police Station Jayal, Dist. Nagore under Sections 365, 302, 201 and 120-B I. P. C. may be quashed.

(2.) IT arises in the following circumstances : FIR No. 71/2001 of the Police Station Roll Dist. NAGORE FOR OFFENCE UNDER SECTIONS 279 AND 304-A I. P. C. (i) That one Prahlad Ram lodged a report with the Police Station Roll on 30. 9. 2001 at 9 a. m. stating that on 29. 9. 2001 accused petitioner Jugal Kishore and Gopal Ram took Kheraj S/o Ramdhan Jat (his nephew) (hereinafter referred to as the deceased) to village Khiyala and at that time the accused was having new motor-cycle of Bajaj mark. At about 4 a. m. in the morning he received an information that the deceased had met with an accident and thereafter brother of deceased Raju Ram and some other persons reached hospital where accused petitioners were also there and accused petitioner Jugal Kishore Soni told Prahlad Ram that the accused petitioners and deceased were coming to Nagore from Khiyala after sitting in a jeep No. RJ-14-C-919 and in the night at about 9 p. m. , a truck after coming on wrong side dashed against the jeep as a result of which the deceased received head injury and thereafter in injured condition, he was taken from nagore to Jodhpur and on the way the deceased succumbed to his injuries. On this report a FIR No. 71/2001 of the Police Station Roll under Section 279 and 304-A I. P. C. was registered and investigation was started. FACTS OF FIR NO. 135/2001 OF THE POLICE STATION JAYAL FOR OFFENCE UNDER SECTIONS 365, 302, 201 AND 120-B I. P. C. On 29. 10. 2001, Ramdeo lodged a written complaint before the Chief Judicial Magistrate, Nagore against the present accused petitioners for committing the offences under Sections 365, 302, 201 and 120-B I. P. C. inter alia stating that on 29. 9. 2001 at about 4 p. m. one person came along with accused petitioners Gopal Ram and upto 4 p. m. to 7 p. m. both remained to STD booth where the deceased used to work and at about 7 p. m. they asked the deceased to go with them, but the deceased refused to go with him on the ground that none was there to look after his STD booth. Thereafter the accused petitioners Jugal Kishore and Gopal Ram went to Kadar Ali and Kadar Ali was asked to look after STD booth of the deceased and thereafter deceased went with them on a motor-cycle towards Khiyala and accused petitioner Jugal Kishore told Kadar Ali that they would return very soon, but the deceased did not return during whole of the night and in the morning at about 4 a. m. Anda Ram, Surja Ram, Idan Jat and Jagdish came in a jeep and Anda Ram told that some had received injuries as this information was received by one Sawant Ram who had sent these persons and thereafter when they reached hospital, they found accused petitioners in the hospital and he was informed by Jugal Kishore, accused petitioner that deceased had died and his body was lying in the morchery. The accused petitioner Jugal Kishore further informed that the deceased died because of accident of jeep and at that time the jeep was being driven by the deceased. He further asked them to make a report and at that time Prahlad came there and he lodged the FIR No. 71/2001 dated 30. 9. 2001. Thereafter the deadbody of the deceased was handed over to them and he was cremated. Thereafter a rumour spread in the village that the deceased did not die because of the accident, but he was murdered by the accused petitioners and, therefore, he filed that complaint on 29. 10. 2001. (ii) That complaint was sent under Section 156 (3) Cr. P. C. by the learned Chief Judicial Magistrate, Nagore to SHO, Police Station Jayal for registration of the case and upon this FIR No. 135/2001 of the Police Station Jayal for offence under Sections 365, 302, 201 and 120-B I. P. C. was registered against the accused petitioners.

(3.) THE pertinent question that arises for consideration is whether in the facts and circumstances of the present case, subsequent FIR No. 135/2001 of the Police Station Jayal should be quashed or not specially when earlier to that FIR, investigation on FIR No. 71/2001 of the Police Station Roll was still pending with the police.