BHARAT KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant misc. petition under Sec. 482 Cr.P.C. has been filed on behalf of the petitioner for quashing the entire criminal proceedings of Case No. 1912/17, pending trial before learned Metropolitan Magistrate No. 26, Jaipur Metropolitan City (Sanganer), arising out of FIR No. 47/17 PS Sanganer Sadar, Jaipur (South) for offences under Ss. 341, 323 and 506 I.P.C.

(2.) Learned Counsel for the petitioner vehemently and fervently contends that the entire criminal proceedings arising out of the impugned FIR is vitiated as investigation of the present case has been conducted by a Head Constable, who was not empowered to conduct the investigation of the case involving cognizable offence(s). He further submits that not only investigation was conducted by a Head Constable but charge-sheet was also filed by him, which is apparent from the charge sheet filed before the learned Court below. He has placed reliance on the following judgments:--

(3.) Learned Counsel also draws attention of the Court to the information received under RTI Act from the office of Addl. Director General of Police, Crime Branch, Rajasthan as per which, only the police officers of and above the rank of ASI are empowered to conduct investigation. The aforesaid information received under RTI Act by the petitioner, is reproduced hereinbelow for the sake of ready reference:--