- (1.) THIS misc. petition under Section 482 Cr. P. C. has been filed by the accused petitioners with a prayer that FIR No. 189/97 of the Police Station Pipar City, Dist. Jodhpur may be quashed.
(2.) IT arises in the following circumstances: (i) One Himmat Singh, respondent No. 2 (complainant) filed a complaint before the Judicial Magistrate, Pipar on 19. 7. 97 stating that on 29. 6. 97 his brother Rajendra Singh (hereinafter referred to as the deceased) was in truck No. RJ-19-G/5367 and when he was alighting from the truck through "fatak", at that time Raja Ram, Babu Lal and Ranjeet Singh filed on him and the shot which was fired by Babulal hit the deceased and thereafter Surendra Singh, Ranjeet Singh and Sattu Singh put him on the ground and he was further beaten by Madho Ram and Kalu Singh. Thereafter the deceased died. IT was further stated in the report that the fire which was alleged to have been made by Meghraj, ASI hit the mudguard of the truck. That on 19. 7. 97, the complaint was sent under Section 156 (3) Cr. P. C. by the learned Judicial Magistrate to the SHO, Police Station Pipar City where FIR No. 189/97 for offence under Sections 147, 148, 149, 302, 324, 120b I. P. C. and Section 3/25 of the Arms act was registered and investigation started. The case of the petitioners is that before that FIR, another FIR No. 156/97 dated 29. 6. 97 was lodged by Megha Ram, ASI in the police Station Pipar City earlier to FIR No. 189/97 in which it was alleged by Megha Ram ASI that while making Nakabandi of the truck, in his self-defence he fired through his 303 gun towards tyre of the truck and that hit the deceased. On that the truck and that hit the deceased. On that report FIR No. 156/97 for offence under Sections 307, 353 and 307/34 I. P. C. was registered against the deceased, Om Singh, Parbat Singh etc. The case of the present accused petitioners is that entire allegation made in the FIR No. 189/97 are false and the investigation is pending for last 4 years and now the police wants to add the names of the present accused petitioner and challan is to be filed against them and, therefore, in these circumstances, it has been prayed that the present FIR No. 189/97 be quashed. On the other hand, the learned P. P. has submitted that file of FIR No. 189/97 of the Police station, Pipar City has been sent to additional Director General of Police, CID (CB)-II Jaipur for according sanction for filing challan. It has further been submitted by the learned P. P. that file of FIR No. 156/97 of the Police Station, Pipar City is also attached with the file of FIR No. 189/97 of the Police Station, Pipar City.
(3.) I have heard both. The pertinent question which arises for consideration is whether in the facts and circumstances of the present case, FIR No. 189/97 of the Police Station Pipar City should be quashed or not especially when after investigation, papers have been sent for filing challan. The Hon'ble Supreme Court in the case of Jehan Singh vs. Delhi Administration (1), has held that if the matter is only at the stage of investigation by the police, the High Court cannot exercise the inherent power interfering with the statutory power of the police. ;