MOTIYA @ AMMICHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition has been filed by the petitioner against the order dtd. 27/6/2025 passed by learned Additional District and Sessions Judge, Taranagar, District Churu in Sessions Case No. 11/2025 by which the application filed by the Investigating Officer under Sec. 189 of BNSS corresponding to 169 Cr.P.C. has been dismissed.

(2.) Brief facts of the case are that an FIR No. 63/2025 came to be registered on the basis of written report filed by complainant Hari Singh with regard to abduction and beating of his nephew Vinod Kumar by accused persons Ramniwas, Sonu, Pratap etc. After investigation, the police submitted charge sheet against the petitioner and other accused under Ss. 115(2), 140(3), 189(2), 110, 117(2), 127(2), 126(2), 140(4), 191(3), 191(2), 190 of B.N.S. before the Court of Judicial Magistrate from where the case was committed to the Court of Additional Sessions Judge, Taranagar, District Churu.

(3.) In the meanwhile, an application under Sec. 189 B.N.S.S. (169 Cr.P.C.) came to be filed by the Investigating Officer stating therein that upon filing of an application by brother of petitioner, the investigation was handed over by the Superintendent of Police, Churu to trainee IPS officer who conducted thorough investigation and it was found that the petitioner has been falsely implicated in this case, therefore, he may be released. However, the learned Additional Sessions Judge, Taranagar dismissed the said application vide order dtd. 27/6/2025 with the observation that since charge sheet had already been filed, re-investigation could have been conducted only with the permission of Court whereas, no such application for re-investigation was filed before the competent Court and same was done at the instance of Superintendent of Police by handing over the investigation to another police officer, therefore, the application is not maintainable.