CHIMAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of the instant misc. petition under Section 482 Cr.P.C., the complainant Chiman Singh has approached this Court seeking a direction for fair investigation of the FIR No.272/2015 registered at Police Station Hiran Magri (Original FIR No.313/2014 registered at Police Station Mahamandir, Jodhpur) and also to challenge the order dated 24.12.2014 passed by the learned D.C.P. (East) , Jodhpur Commissionerate, Jodhpur directing transfer of the original FIR registered at the Police Station Mahamandir, Jodhpur to the Police Station Hiran Magri, Udaipur.

(2.) Facts in brief are that the petitioner filed a complaint in the court of the learned ACJM, No.3, Jodhpur which was forwarded for investigation to the Police Station Mahamandir, Jodhpur under Section 156(3) Cr.P.C. It was alleged in the complaint that the petitioner was appointed as an Assistant Professor in the Department of Community Medicine at the Geetanjali University, Udaipur from 13.11.2010 onwards. The petitioner claimed that he was made to sign a declaration for continuation in service for the years 2014-15 as well. However, he was not paid emoluments as per his entitlement. He received at totally fraudulent intimation from the University that his resignation had been accepted and his services had been terminated from the University w.e.f. 31.10.2013. The petitioner claimed in the complaint that he had never signed any such resignation letter and that the document, if any, must have been forged by the persons at helm of affairs in the University. Upon receiving the complaint, the learned Magistrate heard the arguments advanced by the petitioner's counsel and considering the dispute to be within its jurisdiction, the same was forwarded to the Police Station Mahamandir for investigation under Section 156(3) Cr.P.C. The petitioner claims that to his utter surprise, he received an intimation from the Police Station Hiran Magri that the FIR lodged by him had been transferred to that police station and a fresh FIR No.272/2015 had been registered there. The petitioner has asserted that owing to lack of documents, he was prevented from taking timely action regarding the illegal and unjustified transfer of his FIR from P.S. Mahamandir to the Police Station Hiran Magri. He further claims that the SHO, Police Station Hiran Magri filed a final report in the court concerned without conducting any investigation whatsoever.

(3.) The petitioner thereafter, collected the copies of the relevant documents and found that the DCP had, passed an ex-parte order dated 24.12.2014 and illegally transferred the FIR lodged at Police Station Mahamandir to the Police Station Hiran Magri. This order was passed without providing an opportunity of hearing to the petitioner. With these allegations, the petitioner has approached this Court so as to challenge the action of the respondents in transferring investigation of the original FIR lodge at P.S. Mahamandir to Police Station Hiran Magri, Udaipur and seeking a direction for fair investigation.