K.C.SHARMA, J. - (1.) HEARD learned counsel for the parties.
(2.) THE petitioner through this petition under Section 482 Cr.P.C. has prayed for quashing the adverse remarks recorded by the learned trial court in its judgment dated 31 -5 -2004. At the conclusion of trial in Sessions Case No. 169/2002 State of Rajasthan v. Mooran Mal, the learned trial court vide its judgment dated 31 -5 -2004 while acquitting the accused of the charge under Section 435 IPC and Section 3(2)(iii) of the SC/ST (Prevention of Atrocities) Act, recorded adverse remarks against the present petitioner who had carried out investigation in the case. The adverse remarks translated into English are reproduced below : "The petitioner did not investigate the matter properly because investigation is the foundation of a criminal case upon which the house of trial of a criminal case is to be constructed. It is the prime duty of the investigating officer to apprehend the real offender and to collect all relevant and material evidence so that accused could be punished. The petitioner being an investigating officer has not investigated the matter in a proper manner and did not record the statements of material witness Manju. The Investigating Officer further stated that he did not know whether he found the foot steps or shoe steps or naked steps of any person on the place of incident etc."
(3.) HAVING recorded the aforesaid remarks, the trial court has order that under the provisions of Rule 66 of the General Rules (Criminal), 1980, a copy of the judgment be sent to the Director General of Police for appropriate action against the petitioner. 5. On 29 -10 -2001, complainant Balu Ram lodged a report alleging therein that 25 days prior to this incident, accused Pooranmal took away Rs. 22030/ - from his house, lying in his pocket. After a meeting of Panchayat was convened, the accused returned the aforesaid sum. As a consequence of complaint the accused felt annoyed and resultantly on 29 -10 -2001 the accused burnt the grass lying in the house and because of fire the entire household articles lying in the house were burnt. It was further alleged that accused poured kerosene and lit fire, thereby causing damage of Rs. 7,000/ - etc. to the complainant. The matter was investigated into and a charge sheet was filed against the accused. ;