STATE OF RAJASTHAN Vs. P C GOSWAMI

JUDGEMENT

(1.) CRIME case No. 45 of 1986 u/ss. 302, 307, 323, 324, 325, 147, 148 and 149 IPC was registered at Police Station, Takhatgarh. According to the version of the prosecution, Gajendra Singh deceased and other had murdered a person named Narsa and in that very incident Gajendra Singh him self was also murdered. During the investigation, Shri Prem Singh, Station House Officer, Police Station, Takhatgarh had seized a tractor belonging to deceased Gajendra Singh and bearing registration No. RJT 1065. On June 11, 1986 Ganpat Singh, as holder of power of attorney from Smt. Rajendra Kunwar widow of Gajendra Singh deceased, made an application before the Judicial Magistrate, Sumerpur u/s 457 Cr. P. C. stating that on June 7, 1986, the police had seized tractor bearing registration No. RJT 1065 belonging to deceased Gajendra Singh and after the murder of the latter, Smt. Rajendra Kunwar was the owner of the tractor. It was mentioned that the police no longer required the tractor while Smt. Rajendra Kunwar was in its urgent requirement for ploughing her field. It was prayed that the tractor may be delivered to Smt. Rajendra Kunwar on her executing a bond with surety. On June 12,1986 the Judicial Magistrate after hearing the application and the Asstt. Public Prosecutor (ll) ordered that the applicant shall furnish a personal bond in the sum of Rs. 55000/-and surety bond in the like amount to the effect that the applicant will produce the tractor in the court whenever required to do so and will not in any way transfer it. The required personal bond and surety bond were furnished by Ganpat Singh. The Judicial Magistrate directed to the Station House Officer, Police Station, Takhatgarh to deliver the tractor No. RJT 1065 to Ganpat Singh against receipt in case the tractor was not required in any other case.

(2.) IT appears that when Ganpat Singh had made the above application on June 11, 1986 after giving its copy to the Asstt. Public Prosecutor, the latter had given a written 'tahreer' to Ganpat Singh to hand it over to the Station House Officer, Police Station, Takhatgarh. By this 'tahreer' the Asstt. Public Prosecutor had called for the case diary and a report from the Station House Officer, Police Station, Takhatgarh. On June 12, 1986 Ganpat Singh filed an affidavit before the Judicial Magistrate, Sumerpur stating that when he went to deliver the 'tahreer' to the Station House Officer Prem Singh at Sanderao Camp, the latter started abusing Ganpat Singh and told that neither he will take the 'tahreer' and nor he will send the case diary.

(3.) WE have heard Mr. P. Mohnani for the contemner i. e. Serva Shri P G. Goswami and Prem Singh, Mr. Rajendra Choudhary for Ganpat Singh and also Mr. S. K. Mathur, Public Prosecutor and have perused the record.