KAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant writ petition has been filed for quashing the order dated 14-10-1993 passed by the State Government and the orders dated 26th October, 1993 and 30th April, 1994, passed by the learned Addl. Chief Judicial Magistrate, Jodhpur, contained in Annexures 8, 9 and 11 to the writ petition.

(2.) The case has already made a checkered history though the investigation has not yet been completed. The factual matrix of the case reveal that the petitioner No. 3 Mr. Madhav Singh got married to the respondent No. 3 Smt. Usha Rani on 19-1-1989. The petitioner No. 3 left for the United States of America on 9th February, 1989, giving assurance to the respondent No. 3 that he would call her there at the earliest and would make all arrangement for visa etc. However, it appears that relationship of respondent No. 3 became strained with her husband, petitioner No. 3, as well as other family members, who are the present petitioners. The respondent No. 3 filed a complaint on 23-3-1992 under Ss. 498-A, 406, 420, 120B and 500, I.P.C. and immediately thereafter she lodged an FIR in Police Station, Mahamandir, Jodhpur on 29-3-1992 on the same allegations, which is contained in Annexure 7 to the petition.

(3.) The investigations were made by various officers/authorities i.e. Mr. Narain Singh, SHO, Mahamandir Police Station. Mr. S. Mehtab, Addl. S.P. Jodhpur, Mr. M.K. Govil, Addl. S.P., Jodhpur, Mr. Munshi Singh, Circle Inspector and Mr. Narendra Mohan, Circle Inspector, CID(CB). The aforesaid investigating officers did not file any police report before the competent criminal Court. However, it is alleged by the respondent No. 3 that investigation had been substantially completed by them.