RAMESHWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Through this petition under Sec. 482 Cr.RC., the complainant petitioner has prayed for direction to the SHO, Police Station Sadar, Sikar to file charge sheet No. 105/2004 (Annexure-2) against accused Mahaveer Prasad Balai in FIR No. 61/2004 of PS. Sadar, Sikar in the competent court and further, to take appropriate action against respondent No. 2 who has committed an illegal act of saving accused Mahaveer Prasad.

(2.) Learned counsel for the petitioner has argued that one Mahaveer Prasad who was driving jeep No. RJ 26 C 0493 rashly and negligently caused death of Mohini Devi for which FIR No. 61/2004 was registered. In the course of investigation, the witnesses stated that it was Mahaveer Prasad who caused the death by rash and negligent driving. However, the Investigation Officer is relying to save the accused and to indulge Surender Singh registered owner of the said jeep as an accused in the case. According to the learned counsel, the police completed investigation and prepared charge sheet No. 105/04 against accused Mahaveer. Learned counsel submitted that accused Mahaveer happens to be caste brother of Kanhaiyalal Bairwa (respondent No. 2), the then Addl. Superintendent of Police, Sikar and that respondent No. 2 in order to save his brother called the case file and ordered in writing thereon to file charge sheet against Surender Singh instead accused Mahaveer Prasad.

(3.) It appears that petitioner also submitted a representation to the Superintendent of Police requesting him to direct the investigating officer to submit charge sheet against accused Mahaveer, but of no avail. Ultimately, charge sheet No. 105/2004 Ex. 3 has been withheld and charge sheet No. 105-A/2004 has been filed against Surendra Singh, whereupon the trial court has already taken cognizance of the offence under Sections 279, 337 and 304-A against Surendra Singh.