ABDUL RAHEEM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the complainant-petitioner and learned Additional Advocate General-cum-Government Advocate appearing for the State.

(2.) This writ petition has been preferred with the prayer to issue appropriate writ, order or direction to the respondents No. 1 to 4 to forward the material collected during investigation of FIR No. 236/2017 P.S. Keshavraipatan to the police station having territorial jurisdiction in the matter. Direction has also been sought for initiating disciplinary proceedings against the respondent No.4 for non-compliance of the statutory provisions while giving approval to submit the negative final report before the Court concerned instead of sending the matter to the concerned police station having territorial jurisdiction.

(3.) Briefly stated, the facts revealed from the writ petition and the documents annexed are that FIR No. 236/2017 was filed by the complainant-petitioner at police station Keshavraipatan for the offence under Section 307/34 IPC in which final (negative report) was submitted by SHO, P.S. Keshavraipatan before the Court on the ground that the offence was not committed within the territorial jurisdiction of that police station. An FR (gair ilaka) was submitted, though it was concluded by Investigating Officer that the offence under Section 307 IPC has taken place in the territorial jurisdiction of police station railway colony, Kota. This was done under the approval of Superintendent of Police, Bundi vide letter dated 30.06.2017. Against the said FR, complainant preferred a protest petition before the Court of ACJM. Vide order dated 01.09.2017 the case diary was returned back to SHO, P.S. Keshoraipatan with the direction to get the investigation conducted by the officer in the cadre of Deputy Superintendent of Police. Again FR (negative report) came to be filed before the Court on 10.10.2017. This time also direction was issued by Superintendent of Police, Bundi on 26.09.2017 to SHO, P.S. Keshoraipatan to submit FR (gair ilaka) .