Vijay Bishnoi, J. - (1.) THIS criminal writ petition under Article 226 of the Constitution of India has been filed by the petitioners with the following prayers: - "i. The investigation and/or further investigation of the case arising out of FIR No. 146/2014 lodged at P.S. Sardarpura, Jodhpur may be taken over from the State Police and may be directed to be transferred for a fair investigation to the Central Bureau of Investigation; and ii. The Central Bureau of Investigation may be directed to investigate the matter in a fair and free manner and to submit its report as expeditiously as possible while taking into account the facts stated in the writ Petition; and iii. Without prejudice to the aforesaid and in the alternate, the investigation and/or further investigation of the case arising out of FIR No. 146/2014 lodged at P.S. Sardarpura, Jodhpur may be taken over from the investigating officer and may be directed to the transferred to any officer of State Police not below the right of the Superintendent of Police for the fresh investigation of the case and the said officer may be directed to submit the conclusion of the fresh investigation within a reasonable period of time, after recording the statements of the Petitioners and others; and iv. The cost of the writ petition may kindly be awarded in favour of the Petitioners; and v. Any other appropriate writ, order or direction, which this Hon'ble court may deem it just and proper, in the facts and circumstances of the case, may kindly be issued in favour of the Petitioners."
(2.) BRIEF facts of the case are that an unfortunate accident took place on 27.6.2014 at about 9:00 A.M. near Gandhi Maidan, Sardarpura, Jodhpur wherein a man namely Yogesh son of petitioners sustained grievous injuries. The case was reported to the police through a written complaint by Anish Solanki S/o Mohan Singh, who happens to be a cousin of Yogesh. In the complaint, it is submitted that Yogesh was riding a motorcycle bearing No. RJ 19 SG 4528 and suddenly it was hit by DUSTER Car bearing registration No. RJ 19 CE 1444 at 9:00 A.M. on 27.6.2014 near Gandhi Maidan, Sardarpura. It is alleged that the DUSTER Car was being driven by its driver negligently and at great speed and it hit the motorcycle and on account of that, Yogesh fell down from the motorcycle. One Arun Singh S/o Bhajan Singh took Yogesh to Mahatma Gandhi Hospital in a taxi and got him admitted in ICU. It is specifically written in the complaint that above information was furnished to the complainant by Arun Singh. On receiving the above written complaint from Anish Solanki, the police registered an FIR No. 146/2014 for the offences punishable under Sections 279 and 337 I.P.C. During the pendency of the investigation, injured Yogesh S/o Kishore Singh died during treatment on 6.7.2014. After thorough investigation, the police filed charge sheet against Govind Singh S/o Hinglaj Dan for the offences punishable under Sections 279 and 304 -A I.P.C. in the Court of Chief Metropolitan Magistrate, Jodhpur Metropolitan on 10.7.2014. The Additional Chief Metropolitan Magistrate No. 3, Jodhpur Metropolitan after taking into consideration the conclusions filed by the police in the charge sheet took cognizance against Govind Singh S/o Hinglaj Dan for the offences punishable under Sections 279 and 304 -A I.P.C. and thereafter the charges have also been framed against him for the aforesaid offences.
(3.) THEREAFTER the petitioners moved an application in the Court of Additional Chief Judicial Magistrate No. 3, Jodhpur Metropolitan under Section 173(8) Cr.P.C. on 8.1.2015 wherein it is alleged that the police has not conducted proper investigation in the matter as on the date of incident i.e. 27.6.2014, the accused Govind Singh S/o Hinglaj Dan was not present in Jodhpur and at the time of accident, he was in Mumbai and reached Jodhpur only on 27.6.2014 at 1:30 P.M. from the regular flight. It is alleged that, in fact, at the time of accident, the vehicle No. RJ 19 CE 1444 was being driven by one Mohan Dan Ratnu and on account of rash and negligent driving by him, the accident took place. It is further alleged that Mohan Dan Ratnu is an RAS Officer and, therefore, the police has deliberately not named him as accused and has wrongly made Govind Singh S/o Hinglaj Dan as accused, who is the registered owner of DUSTER Car No. RJ 19 CE 1444 from which the accident took place. The allegations regarding faulty investigation have been levelled in the application and it was prayed that the police may be directed to conduct further investigation into the incident under Section 173(8) Cr.P.C.;