JITENDRA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal miscellaneous application has been filed by the applicants with the prayer that the order dated 11.08.2009 passed by this Court may be recalled in the interest of justice and the criminal miscellaneous petition No. (1331/2007) may be revived.

(2.) A Criminal Miscellaneous Petition (1331/2007) was filed by the petitioners with the prayer that First Information Report (36/2001) dated 02.02.2001 registered at Police Station Kotawali Tonk, District Tonk may be quashed. It was also prayed by way of interim relief that further investigation pursuant to the impugned FIR be stayed. On 28.09.2007, case diary of the matter was called for. Thereafter on 31.10.2007, notices were issued to respondent No. 2 returnable by four weeks. It was also ordered that one set of paper book be supplied to the learned Public Prosecutor. Meanwhile, further investigation in FIR No. 36/2001 registered at Police Station Kotwali Tonk, District Tonk was to remain stayed till further orders. When the miscellaneous petition came up for consideration on 11.08.2009, learned Public Prosecutor informed that the investigation is complete and charge-sheet (143/2007) had been filed on 13.01.2008. In such view of the matter, it was ordered by this Court that nothing remains to be adjudicated in the miscellaneous petition and, therefore, it was dismissed as infructuous.

(3.) In the present miscellaneous application, the petitioners have stated that after passing of the order on 11.08.2009, they had obtained the certified copies of the order-sheets dated 15.07.2009 of the learned Court below, in respect of criminal case relating to FIR No. 36/2001, wherein it was mentioned that the case was ordered to be posted on 18.08.2009 awaiting result of the investigation (Annexure-A/1). Thereafter, the petitioners had also moved an application before the concerning SHO for obtaining information with regard to status of the charge sheet in the impugned First Information Report, whereupon he informed by letter dated 27.08.2009, that as per the record charge-sheet had been filed and accordingly, information was sent to the learned Public Prosecutor. But after due verification it was revealed that no charge-sheet has been filed in the instant case. It was also mentioned that the rectified information was sent to the learned Public Prosecutor on 13.08.2009 but as the criminal miscellaneous petition 1331/2007 had already stood dismissed on 11.08.2009, information could not be placed before the High Court (Annexure-A/2).