STATE OF RAJASTHAN Vs. KERA

JUDGEMENT

(1.) IN these petitions common question of law has arisen for decision. It is, therefore, proper that they should be disposed of by a common order.

(2.) HEARD the learned Public Prosecutor and the learned counsel for the petitioners.

(3.) THE grounds on which the learned Judicial Magistrate refused to treat the reports submitted before him as reports under Section 173 of the Criminal Procedure Code :- (a) the investigations were substantially conducted by Head Constables, who are not empowered to conduct investigations into cognizable offence and therefore the investigations were void, (b) the site plans did not mention the names of the persons who witnessed the commission of offences, (c) the reports were not in the handwriting of the Officer-Incharge of the Police Station and, there was violation of the provisions of Rule 1.8.3 of the Rajasthan Police Rules, 1965, and (d) there was breach of the provisions of Rule 3.8 of the Rajasthan Police Rules, 1965.