TIBREWAL, J. - (1.) THIS petition unde Section 482 Code of Criminal Procedure has been filed under peculiar circumstances with a prayer to give direction to stop further investigation in Criminal Case F. I. R. 82/89 dated 24-5-1989, Police Station Laxman Garh, District Sikar.
(2.) IN order to appreciate the grievance of the petitioners, it is necessary to narrate the facts. On May 24,1989 a written report was lodged at Police Station Laxmangarh (District Sikar) by one Shri Richhpal. Singh. On this report, criminal case F. I. R. No. 82/89 was registered under sections 147,323 & 302 I. P. C. against 10 (ten) persons including the eight petitioners. The postmortem of the dead body of the deceased Karan Singh was conducted by the doctor on May 24, 1989 at 4. 40 P. M. On examination, the doctor found two injuries on the person of the deceased namely, (1) Haemorrhage (2) Abrasion 1/2" x 1/2" on the left foot & 1/2" 1/2" on the Ring Finger of right hand. The doctor found the Liver be enlarged. As per provisional opinion of the Doctor, the cause of death was due to Live rupture Haemorrhage and Shock. After registration of the case, the investigation was started by Sh. Ranglal, S. H. O. Police Station Laxmangarh. Thereafter, the Supdt. of Police, Sikar transferred the investigation of the case to be made by Sh. G. L. Sharma, Addl. Supdt. of Police, District Sikar. He recorded the statement of the witnesses. The co-accused Ramlal and Khurda Ram were arrested by him. They were also interrogated by him. The Addl. Supdt. of Police submitted the factual report of the investigation carried on by him upto June 20, 1989. In the factual report, he mentioned that as per the post-mortem report the deceased had two injuries and death was caused due to repture of the liver. He further mentioned in the report that so far the witnesses belonging to the complainant party were concerned, they implicated all the ten accused persons, but as per the independent witness all the ten persons did not participate in the beating and that from the post-mortem report it did not appear that all the ten persons participated in the beating of the deceased. He also mentioned in his report that in the course of interrogations of the witnesses, the presence of Ratanlal and Goverdhan Singh, at the time of incident, was also revealed, who were independent persons. He also mentioned that between the parties, a number of cases were going and the report was made by the complainant with exaggerations. It appears that subsequently the investigation was handed over to Shri Ramesh Chandra Sharma, Circle Inspector, C. I. D. (C. B.), Jaipur. After investigation, he arrived at the conclusion that the incident took place between the deceased Karan Singh and co-accused Ramlal and Khurda Ram and only these two persons had participated in the incident, but on account of previous enmity, the names of other persons have been mentioned in the report. He also reported that the investigation is complete. Thereafter, the investigation was again transferred to Sh. Mahendra Singh, Addl. Supdt. of Police, C. I. D. (C. B.) Jaipur Range.
(3.) IT appears that the investigation of the case was again handed over to Addl. Supdt. of Police, Sikar on the orders of I. G. Police. The Addl. Supdt. of Police Sikar also came to the conclusion that the report was made by the complainant after exaggerating the facts as there was a long standing enmity between the parties. IT further appears that the report was also prepared by A. P. P. I. , Sikar on the basis of the investigation completed by them and as per this report the co-accused Ramlal and Khurda Ram only had participated in the incident and it was recommended that challan be filed against them under sections 302,341 and 323 I. P. C. Consequently, a charge sheet was filed against the co-accused Ramlal & Khurda Ram in the court of Munsif & Judicial Magistrate- I, Fatehpur sometime in the month of April, 1990. After submission of the charge-sheet, the complainant had moved an application in the Court of Munsiff & Judicial Magistrate. Fatehpur to the effect that cognizance be taken against the remaining eight accused persons i. e. the petitioners. ;