V.K. GODIKA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under section 482 CrPC, 1973 has been filed by the petitioner being aggrieved with the order dated 08.07.2014 passed by Special Judge, SC/ST Prevention of Atrocities Cases, Hanumangarh (for short 'the revisional court' hereinafter) in Cr. Revision Petition No.25/2013, whereby it has dismissed the revision petition.

(2.) The said revision petition was filed by the petitioner against the order dated 28.06.2013 passed by the Judicial Magistrate, First Class, Hanumangarh (for short 'the trial court' hereinafter) in Regular Cr. Case No.66/1997, whereby an application filed on behalf of the petitioner under section 197(1) (3) CrPC, 1973 was dismissed.

(3.) Brief facts of the case are that in the year 1997, the petitioner was posted as Superintendent of Police, Sri Ganganagar, however, a Cr. Case No.385/1992, State Vs. Malkhan Singh and others was pending before the trial court, wherein the court summoned one Tara Chand, resident of District Sri Ganganagar as a witness. It appears that earlier the summons sent for summoning the said witness Tara Chand to the Superintendent of Police was not returned either served or un-served and, therefore, the trial court while issuing fresh summons, sought explanation of the petitioner in respect of non-returning of summons of the above referred witness either served or not served. The fresh summons issued to the witness was not received by the trial court either served or un-served from the Office of the Superintendent of Police, Sri Ganganagar and no explanation in response to the notice issued to the petitioner under Sec. 29 of the Rajasthan Police Act, 1861 (for short 'the Police Act' hereinafter) was submitted by the petitioner.