LAXMIKANT SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) MOHD. Idris, complainant, had lodged an FIR with P/s. Nawalgarh on 4. 3. 1988 alleging therein that on that day as many as 18 persons had looted his shop and put the same on fire. The present petitioner was not named amongst the miscreants. After investigation of the case, the police submitted a report under Section 173 (2) Cr. P. C. against other persons. As against the present petitioner and some others it was stated in the said police report that further evidence shall be collected against them and the same would be submitted before the court as per provisions under Section 173 (8) Cr. P. C. The learned committal Magistrate committed the case to the court of Sessions against the persons named in the police report submitted under Section 173 (2) Cr. P. C. from time to time.

(2.) THE submission of the petitioner is that in the month of June, 1999, the police started harassing him and his family members residing at Nawalgarh. THE petitioner himself had been residing in Guwahati for the last about 15 years. THE petitioner thereupon approached this court on 7. 7. 1999 with the prayer for grant of anticipatory bail in the present case. However, on Public Prosecutor's making a statement at bar that evidence collected by the police by that time did not disclose grounds for complicity of the petitioner as accused in the case, the said application was rejected. Now, the petitioner has again approached this court for the same relief as he is being allegedly harassed by the police officers at P/s. Nawalgarh and a threat of submitting an additional chargesheet against him was being extended to him.