AVADESH SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THOUGH the petitioner's son Rajesh Singh is no longer in police custody and, therefore, there is no ground to allow this Habeas Corpus petition, but certain facts and working of the police have come to our notice which we want to observe here in this order with certain directions.

(2.) RAJESH Singh, son of the petitioner, is a suspended gun-man commando in the Rajasthan Police. He was arrested in FIR No. 399/92 u/s. 302 IPC and though it is the case of the petitioner that his son before his arrest was actually shown, was illegally detained, but we need not go into this question and we may straight away say that on the application being moved for bail, this court in S. B. Criminal Misc. Bail Application No. 2112 of 1993 ordered the release of RAJESH Singh on bail. After the bail bonds have been furnished, he was released on bail on 21st May 1993 at 4. 00 p. m. from District Jail, Kota.

(3.) IT is a case where a further enquiry to us appears to be necessary so that if ultimately it is held that as prima facie observed by us the entries in the general diary do not appear to have been correctly recorded, is correct, the guilty persons are dealt with properly. The entries in the general dairy are very important and if any person is held accountable for making wrong entry, it will be an eye opener to others not to indulge in such practice. We direct the learned Sessions Judge, Kota to make a detailed enquiry in the matter and make his recommendations and send them to the Director General of Police and also a report of enquiry to this court. The enquiry should be completed as soon as possible but in no case later than two months. The report then should be placed before this court. .