CHHUTTAN LAL Vs. STATE OF RAJASTHAN & OTHERS

JUDGEMENT

(1.) The petitioner, Chhuttan Lal, has approached this Court for a fair and an impartial investigation into F.I.R., namely F.I.R. No.136/2012, lodged by him at Police Station, Srimahaveerji, District Karauli, for offences under Sections 143, 323, 341, 336 and 451 I.P.C. against the accused-respondents.

(2.) It is the case of the petitioner that he and accused-respondents No.2 to 9 are involved in criminal litigation. As earlier the petitioner had lodged one F.I.R. against the accused-respondents for offence under Section 376 I.P.C. and another F.I.R. for offence under Section 325 I.P.C. According to the petitioner, on 01.09.2012 while his two sons, namely Pappu and Khelu were returning from Srimahaveerji hospital, they were intercepted and surrounded by both, Rajkumar and Mahindra; they assaulted his sons with fists and kicks. On hue and cry raised by his sons, the accused Rajkumar and Mahindra fled away from the place. Again, his sons were intercepted at a place called Kodiya-Ke-pura; both the culprits were carrying country made pistol; both of them told his sons that although they could escape earlier, now they will not be left alive. Again, his sons shouted for help; again the two accused-persons ran away. He further claimed that at around 5:00 P.M. the accused-respondents No.2 to 9 came armed to his house, while Hari, Rajkumar and Mahindra had country made pistol in their hands, the other accused-persons were armed with iron-rod [sariya]. According to him, they threatened him and told him that earlier they had committed rape upon his daughter and had assaulted his brother, namely Kadya @ Kaluram. Despite assaulting his brother, the complainant continued to pursue the criminal case against them. Thus, the accused persons had come to kill him. He further alleged that Hari shot at him, but he managed to escape with his wife and children. He further alleged that the other two persons also fire shots. He further claimed that he called the Police; the Police reached his house and took away the accused-persons. According to him, this assault was due to the fact that he had earlier filed two F.I.Rs., one for offence under Section 376 I.P.C., and other for offence under Section 325 I.P.C. Since, the petitioner was not satisfied with the investigation, he has filed the present petition before this Court.

(3.) By orders dated 23.01.2013, 04.02.2013 and 08.02.2013, this Court directed the learned Public Prosecutor for the State to submit the progress report. Consequently, today, the progress report has been submitted by the learned Public Prosecutor for the State, along with the case diary. The progress report shall be taken on record. A copy of the progress report has also been given to the learned counsel for the petitioner.