PUSHP RATAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused-petitioner, Pushp Ratan, is aggrieved by the order dated 31.07.2012 passed by the Judicial Magistratecum- Civil Judge (J.D.), Mundawar, District Alwar, whereby the learned Magistrate has refused to send the petitioner s application under Section 156(3) Cr.P.C. to the Police Station Mundawar for investigation, and has instead decided to record the statement of the complainant, and of his witnesses under Sections 200 and 202 Cr.P.C. respectively.

(2.) The brief facts of the case are that one Veer Singh had lodged a report on 19.10.2008 at Police Station Mundawar wherein he claimed that on 18.10.2008 at 4.00 P.M. while he was sitting at home, accused persons Pushp Ratan (the present petitioner), Ratan, Udai Singh, Prasoon, Rituraj, Vimla, Ramesh, came to his fields. They cut away a Rohidi tree and assaulted him with lathies, Kulhadi (axe) and Farsi (a big axe). He further claimed that he has sustained injury on his jaw and lost one finger of his left hand. Lastly he claimed that his brother Rajesh was also injured. On the basis of this report, a formal FIR, FIR No.279/08 was registered. During the course of investigation, on 19.10.2008, Veer Singh was medically examined and the medical report was taken by the Head Constable, Staish Kumar. However, on 08.11.2008, Veer Singh submitted an application wherein he claimed that he was assaulted only by Udai Singh. The other persons named by him in the FIR were not present at the scene of crime. He had named them under pressure by others. Moreover, he does not wish his medical examination to be done. Although, Veer Singh knew very well that his medical examination was carried out on 19.10.2008, still in his application he mentioned that he does not wish to be medically examined. Moreover, since Satish Kumar had already received the injury report, it was also well within his knowledge that Veer Singh has been medically examined. Knowing fully about these facts, still Veer Singh and Pop Singh submitted the above mentioned application. The Investigating Officer knowing fully well that the medical examination had been done, still included the said application in the record. On the basis of the application filed by Veer Singh, eventually the police submitted a charge-sheet only against Udai Singh and that too for offences under Sections 323, 341 IPC. Surprisingly, in the chargesheet, the Investigating Officer did not submit Veer Singh s injury report.

(3.) Although, the petitioner was named as an accused in the FIR lodged by Veer Singh, he is aggrieved by the fact that he was falsely implicated by Veer Singh in the said FIR. Moreover, he is aggrieved by the fact that the Investigating Officer, in collusion with Veer Singh, has presented the wrong facts of the case. Thus, according to the petitioner, the respondents have committed offences under Sections 466, 468, 182, 193, 196, 218, 120B IPC. Therefore, the petitioner submitted an application under Sec- tion 156(3) Cr.P.C. before the learned Magistrate praying that his application should be sent to the police for further investigation. However, by order dated 31.07.2012, the learned Magistrate declined to send the application for further investigation under. Section 156(3) Cr.P.C. Instead, the learned Magistrate thought it proper to record the statement of the complainant, and of his witnesses under Sections 200 and 202 Cr.P.C. respectively. Since the petitioner is aggrieved by the said order, he has filed the present petition before this court.