JEEVARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present revision petition as well as criminal appeal have been filed by the petitioner-complainant and the appellant-Investigating Officer, respectively challenging the order dtd. 6/7/2023 passed by the learned Special Judge, SC/ST (Prevention of Atrocity Cases), Jalore, in Sessions Case No. 33/2023 (State of Rajasthan Vs. Harish and Anr.), whereby the learned trial Court, while proceeding to take cognizance for offences punishable under Ss. 341, 323, 304, 3(2)(v)(va), SC/ST Act, 1989 had issued summons to the accused-Harish @ Harish Kumar, however by way of same order no cognizance has been taken for offences punishable under Ss. 279 and 304(A) IPC and no process has been issued against co-accused-Bittu Singh son of Gurmel Singh respondent No.2 in (Criminal Revision Petition No. 1350/2023) by the learned trial Court, while observing that there was no material available on record to take cognizance or issue process against co-accused-Bittu Singh for the offence in question. By way of the order impugned, the learned Trial Court has further directed initiation of inquiry against the Investigating Officer-Roop Singh Inda, the then Deputy Superintendent of Police, Circle Sanchore, and also the then Superintendent of Police, Jalore, and further directed for submitting a report after undertaking the inquiry as provided under Rule 8(ix) of SC/ST (Prevention of Atrocity) Rules, 1995 (herein after referred as "rules of 1995" for brevity) before the Director General of Police, Police Headquarter, Jaipur, so that he can initiate appropriate proceedings against him, and thereafter to submit the report before the learned Trial Court, so that further proceedings can be initiated against the appellant-Roop Singh Inda.

(2.) The Criminal Revision Petition has been filed by the complainant-Jeeva Ram, being aggrieved against not taking cognizance and non-summoning of Bittu Singh, the driver of the offending Truck, for offences punishable under Ss. 279 and 304(A) of IPC. However, the criminal appeal has been filed by the Investigating Officer, being aggrieved against the directions issued for initiating inquiry against him, and the finding that he is guilty of delinquency in undertaking the investigation and passing of strictures against him. Since both issues are interlinked and pertain to challenge to the same order, hence, both the matters are being decided together. Factual Matrix:

(3.) Based upon a typed report, filed by the complainant-Jeeva Ram, an FIR No. 551/2022 was registered at Police Station Sanchore, District Jalore, on 16/11/2022 at 19.04 PM. As per the written report, the complainant stated that accused-Harish Kumar son of Babu Lal along with two or three persons had assaulted Shri Dilip Kumar, son of complainant-Jeeva Ram on 14/11/2022 at around 4.20 PM, at Roadways Bus Stand, Sanchore. It was asserted that when Dilip Kumar succeeded is getting out of the grip of the accused-Harish Kumar, the accused started chasing him with the lathi in his hand with the intention to murder Dilip Kumar. Apprehending his death, Dilip Kumar started running towards National Highway No. 68, where he was hit by a Truck bearing Ramkinji, and since his condition was critical and he was taken to Gujarat hospital. It was further asserted by the complainant-Jeeva Ram that he has obtained CCTV footage showing the accused-Harish running behind Dilip Kumar and the Pen drive with CCTV footage was also deposited with the Police Officials along with the written complaint.