- (1.) These applications have been filed by the parties praying for monitoring of the matter in question, on one hand and the other parties seek that since the charge-sheet has already been filed, it is not necessary to continue with the monitoring of the matter in question which is pending before the Criminal Court for adjudication
(2.) Therefore, the sole question as it appears to be germane at this stage in the matter is: whether this Court should continue to monitor the investigation, as directed earlier, even after filing of the charge- sheet.
(3.) The facts of the case briefly are as follows: a) In January, 2006, the Rajasthan Police came up with a list of most- wanted criminals of Rajasthan which included the name of Dara Singh, the deceased husband of the petitioner in Special Leave Petition (Criminal) No.3212/2008. An award of Rs.25,000/- was declared on his head and on October 23, 2006 , it appears that he was killed in an encounter as would be evidenced from the subsequent FIR No. 396/2006 dated October 23, 2006 registered on the complaint of Mr. Rajesh Chaudhary, a member of the Special Operation Group (SOG). b) In the FIR it was alleged that the deceased was equipped with sophisticated weapons and was killed in an encounter with the SOG after a gun-battle. In these circumstances, subsequently, Smt. Sushila Devi filed a complaint before the Judicial Magistrate under Section 190 of the Code of Criminal Procedure (hereinafter' the Code') seeking directions under Section 156(3) of the Code for registration of an FIR against the member of the SOG and alleged that Dara Singh was killed by the SOG. The Judicial Magistrate by an order dated April 2, 2007, issues directions for investigation. These directions were in conflict with the investigation under FIR No.396/2006. c) Thereafter, Smt. Sushila Devi, widow of Late Dara Singh, filed an application being Criminal Miscellaneous Petition No. 1015/2007 before the High Court of Rajasthan against the order passed by the learned Magistrate dated May 28, 2007, dismissing the application under Sections 157(1) and 210 of the Code recording that the encounter, as alleged by Sushila Devi, is the subject-matter of FIR No.396/2006 which is under the process of an investigation. d) On August 2, 2007, the High Court issued notices to the respondents and by an order dated October 1, 2007, which is impugned in this petition, the High Court was pleased to recall its order dated August 2, 2007. e) In the said Special Leave Petition (No.3212/2008), an allegation has been made by Sushila Devi that her husband was killed in the said encounter by the Police officials of Special Operation Group, Jaipur on October 23, 2006 and, hence, prayed for a direction to initiate a CBI inquiry in the matter. The State of Rajasthan filed an affidavit and submitted that the Government had decided to refer the matter to the Central Bureau of Investigation (CBI) vide their letter dated March 3, 2009. In these circumstances, the matter came up/disposed of by this Court on April 8, 2009. f) Thereafter, Smt. Sushila Devi filed Criminal Misc. Petition No.13244/2009 along with Criminal Misc. Petition No.13246/2009. This Court disposed of the said petitions on the ground that since the CBI has been directed to hold an investigation in respect of an offence alleged, no order need be passed on the said petitions. After complying with the orders of this Court, the CBI registered Case No.RC.2(S)/2010-SCU.V/SC-II/CBI/New Delhi on April 23, 2010 and took up investigation. g) During the investigation, another Criminal Miscellaneous Petition No.21811 of 2010 was filed in this Court by the petitioner, praying for monitoring of investigation of the case and to direct the CBI to place the findings of investigation before this Court ahead of filing the same in competent court at Jaipur. This Court vide its order dated January 1, 2011 issued the following directions in the matter : "Heard learned counsel for the parties. It is deeply disappointing that the CBI has not yet completed the investigation despite the order of this Court dated 9th April, 2010. On the request of the learned counsel for CBI, we grant two months' further time to complete the investigation, failing which a serious view will be taken by this Court about the functioning of the CBI. List on 8th March, 2011." h) From time to time, the matter appeared before this Court and two months' time was granted on March 8, 2011 to complete the investigation by the CBI. The State of Rajasthan was directed to co- operate with them. The CBI proceeded with the matter. In course of investigation, four of the accused persons were arrested on March 11, 2011 and remanded in Police custody till March 17, 2011. Subsequent thereto, two accused persons were arrested on May 15, 2011 and May 26, 2011. i) The CBI on completion of their investigation filed a charge-sheet before the competent court on June 3, 2011, against 16 accused persons including the persons who were absconding at that point of time, namely, Arvind Kumar Jain, Arshad Ali, Rajesh Chaudhary, Zulfikar Ali, Arvind Bhardwaj and Vijay Kumar Chaudhary. Investigation under section 173(8) of the Code was pending against one of the prima facie suspects, Mr. Rajendra Rathore, who was then a Minister in the Government of Rajasthan. j) In the meanwhile, one of the accused Satyanarayan Godara filed an application for impleadment in the matter which was granted by this Court on July 18, 2011. On August 25, 2011 charges against 10 accused persons, who were in jail custody, were framed by the District & Sessions Judge, Jaipur. This Court on October 31, 2011 issued directions to the six accused to surrender before the trial court, in order to be eligible for legal remedy. Inspite of the same, only one of the accused being Arshad Ali surrendered before the Court on November 11, 2011. k) Complying with the various orders of this Court from time to time, the CBI duly filed status report/s before this Court and on December 16, 2011, this Court directed that monitoring of the case will continue and further directed the CBI to file a status report by the end of January, 2011. Steps were also taken by the CBI as would be evident from the status reports filed before this Court. l) In an attempt to arrest the remaining five fugitive accused, cash rewards of Rs.10 lakhs on A.K. Jain and Rs.5 lakhs on others were declared by the CBI to motivate the general public to give information leading to the arrest of the said accused persons at large. After the rewards were announced, A.K. Jain surrendered before the court on February 27, 2012 and he remained in police custody till March 10, 2012. Efforts to arrest the remaining absconding accused continued. m) After completion of further investigation pending under section 173(8) of the Code, the CBI filed a supplementary charge-sheet under Section 120B read with Sections 302, 364, 346, 201, 218 and 193 of the IPC against Rajendra Rathore before the court on April 5, .2012. The C.J.M., Jaipur, took cognizance of the offence against the accused Rajendra Rathore and committed the case to the Court of Sessions, Jaipur, Rajasthan. On May 31, 2012, the Sessions Judge, Jaipur discharged the accused Rajendra Rathore from all allegations levelled against him. The CBI filed a revision petition before the High Court which was allowed on December 26, 2012 setting aside the order passed by the learned Sessions Judge, Jaipur. Rajendra Rathore was directed to surrender before the High Court and a charge was directed to be framed against him. n) In the meanwhile, the accused A.K. Jain was committed to the Court of Sessions by the A.C.J.M. Jaipur and the Sessions Court on May 1, 2012 framed charges against him under the same provisions under which Rajendra Rathore was charge-sheeted and the trial remains pending. Two other absconding accused, namely, Rajesh Choudhary and Arvind Bhardwaj were committed to the Court of Sessions on August 13, 2012 and charged were framed against them on September 6, 2012. o) Furthermore, on June 30, 2012, the CBI moved the court at Jaipur for registration of an FIR under section 174A IPC against the four absconding accused persons. It was further stated that one of the absconding accused Vijay Kumar Chaudhary was found murdered on November 15, 2012 in the area of Police Station Ratangarh, District Churu, Rajasthan. It is further stated that an important witness in the case, i.e., Mr. Vijay Shankar Singh, Additional Chief Secretary, the then Home Secretary, Government of Rajasthan died in a road accident on December 3, 2012 at Jaipur.;