SUMER SINGH Vs. CBI THROUGH PP CBI

JUDGEMENT

(1.) HEARD learned counsel for the parties and with the assistance perused the material placed during arguments.

(2.) AS it reveals from the charge-sheet that for the alleged incident on the fateful day of 17.03.2011 the case was initially registered by Rajasthan Police as Crime/FIR-108/2011 in Man- Town Police Station Sawaimadhopur on 17.05.2011 on a complaint made by Sh. Mahendra Singh (accused) the then Circle Officer-City, Sawaimadhopur against 21 named persons accused and 1200 unknown persons accused. However, the aforesaid case was transferred to CID-CB Rajasthan for investigation by Government of Rajasthan and the CID-CB on conclusion of initial phase of investigation filed charge-sheet against 19 accused persons for offences under sections 147, 148, 149, 109, 114, 120-B, 302, 307, 440, 332, 333, 353, 427, 335 and 201 IPC and sections 3 and 4 of the Prevention of Damage to Public Property Act in the court of Chief Judicial Magistrate, Sawaimadhopur on 21.06.2012 and further investigation against other known accused persons who were absconding and other accused whose identities was yet to be ascertained and established was kept pending U/s 173(8) Cr.P.C. However, during this time in compliance of directions pursuant to notification dt.10.06.2011 issued by Government of India in terms of Sec.5 of Delhi Special Police Establishment Act,1946 in furtherance of the request contained under notification dt.22.03.2011 of Government of Rajasthan, FIR-108/2011 registered at Police Station Man-Town, Sawaimadhopur was transferred to CBI for investigation U/s 6 of Delhi Special Police Establishment Act,1946 and it was re-registered as FIR-108/2011 of Man-Town Police Station, Sawaimadhopur as RC1(S)/2011/SCIII/CBI on 30.06.2011 and then it took up the case for further investigation. The investigation as alleged being held pursuant to FIR, referred to supra, has disclosed regarding riots and violence which culminated into heinous murder of decedent Phool Mohammad Khan, Inspector of Police, Senior Erstwhile colleague of one of the accused Sumer Singh-Sub-Inspector and Senior Officer Mahendra Singh Tanwar-Circle Inspector while discharging his lawful duties within his own jurisdiction Soorwal village on that fateful day of 17.05.2011.