RAJESH KUMAR SANGWA Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned P.P. and the learned counsel for the complainant. Perused the material available on record.

(2.) By way of the instant misc. petition under Section 482 Cr.P.C., the petitioner Rajesh Kumar seeks to assail the proceedings of F.I.R. No. 106/2012 registered against the petitioner and others at P.S. Jayal for the offences under Sections 147 , 148 , 149 , 307 , 364 and 323 IPC.

(3.) The F.I.R. came to be lodged by the respondent complainant Sohan Ram alleging inter-alia that the petitioner and his companions (co-accused) are part of a liquor mafia/racket and they kidnapped his father Sukh Ram with the intention of killing him. They assaulted and crushed him under a vehicle and left him near Tarnau Bus Stand. The F.I.R. was lodged on 26.8.2012 against nine named accused including the present petitioner. However, fortuitously the petitioner had gone abroad to visit a foreign country and thus, upon returning back he immediately submitted representations to the concerned police officials claiming that he had been falsely implicated by the complainant for oblique motives. When the petitioner's fervent pleas for exoneration based on fool proof evidence of alibi, met with an unfavourable response, he approached this Court by way of instant misc. petition under Section 482 Cr.P.C. seeking quashing of the F.I.R. to his extent. While entertaining the petition, this Court passed an order dated 12.12.2013 directing the respondents to consider the travel documents of the petitioners. Thereafter investigation changed numerous hands and finally the I.O. has concluded that the petitioner was not present in India on the date of the alleged incident as he had much earlier left the village Tarnau for Bangkok via Jaipur. The factual report presented before this Court indicates that after reaching to this conclusion the I.O. made up his mind to somehow implicate the petitioner in the case with the aid of Section 120B IPC. The relevant lines of the factual report are quoted hereinbelow for the sake of ready reference:- "...[VERNACULAR TEXT OMITTED]..."