NATHI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard both the learned counsel. F.I.R. No. 87/88 has been stered at police station Masalpur, District Sawaimadhopur and the petitioner apprehends his arrest in that case. According to F.I.R., four persons came in the night and entered into the house of the complainant, out of four persons, two have been died on spot and two have been arrested. The petitioner has been named in the arrested persons. The petitioner's contention is that be has been falsely implicated in this case; and the entire case depends on the identification. Hence in this application it is prayed that be is willing to surrender himself in the court but before sending him to police custody, he should be sent to Judicial custody and police is directed to get the identification parade conducted by the Judicial Magistrate, so that petitioner may not apprehend for his being shown to the witness. In the interest of Justice. I feel that the prayar of petitioner is reasonable one and in order to get justice, the identification proceedings be conducted as prayed by him.

(2.) While accepting the petition under section 482, Cr.P.C. it is directed that the petitioner should surrender before the Chief Judicial Magistrate, Sawaimadhopur on or before 16.11.1988. The Chief Judicial Magistrate would call the SHO/I.O. of F.I.R. No. 87/88, P.S. Masalpur, District Sawaimadhopur and inform him about this surrender and then immediately send the petitioner to Judicial custody in District Jail, Sawaimadhopur also direct the Investigating Officer to get the identification proceedings regarding this petitioner by a Magistrate in District Jail, Sawaimadhopur. The Investigating Officer SHO should take all necessary steps for getting identification proceedings.

(3.) The copy of this order be sent to the Chief Judicial Magistrate, Sawaimadhopur.