JAWAHARA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition is directed against the order of Chief Judicial Magistrate dated 12 -1 -1988 by which, he accepted the final report submitted by the Police.

(2.) AN FIR numbering 162/78 was registered at Police Station Kotwali, Sikar on 1 -8 -1978 for the offences under Sections 420, 468, 467, 471 and 120B, IPC and also under Section 3/7 of Press and Registration of Books Act, 1867. The petitioner had submitted a written application to the then Home Minister, Government of Rajasthan in the year 1977. After registering the case the Investigating Officer during investigation recorded the statements of the witnesses and seized documentary materials. After completing the investigation a report under Section 173, Cr.P.C. was submitted in the concerned court disclosing commission of the offences by the accused -non -petitioners. Then the case was transferred to Jaipur and was beard by the Chief Judicial Magistrate, Jaipur. An objection was raised by the accused persons in relation to the investigation by Shri K.L. Rao, the Deputy Superintendent of Police (CID), Jaipur, who had formally registered the FIR. The preliminary objection was accepted by the learned CJM, Jaipur vide his order dated 5 -1988 and the accused -persons were discharged. The learned CJM observed in that order that 'the State was free to entrust the investigation to some other competent officials and the file charge -sheet against the accused -persons. In consequence of the order dated 5 -1 -1981 the case was re -investigated and the report under Section 173, Cr.P.C. did not disclose commission of any offence. The petitioner appeared before the Court and submitted a protest petition. The learned CJM vide his order dated 12 -1 -1988 accepted the final report submitted by the Police. Aggrieved by this order of the learned CJM, the present revision petition has been filed

(3.) SHRI Khandelwal, learned Counsel for the non -petitioners relied on the case of Gopal Ram Bhabhda v. State of Raj. 1986 Cr. LR (Raj.) 424. In this case the learned brother Shri Farooq Hasan, J. followed the case of Pukhraj v. Sheeshmal, 1961 (Raj.) 231.