P.K.LOHRA,J. - (1.) Petitioner, Indra Vishnoi, has laid this misc. petition, under Section 482 read with section 483 of the Code of Criminal Procedure 1973 (Cr.P.C.), to assail impugned order dated 3rd of June 2017, passed by Metropolitan Magistrate No.1, Jodhpur Metropolitan, remanding her to police custody for 7 days.
(2.) Succinctly stated, facts of the case are that in CBI Case No.RC/7/CBI/SC-1, which was re-registered with the investigating agency on the request of State Government, further investigation into FIR No.383/2011 of Police Station Bilara commenced and charge-sheets against accused persons were filed on 2nd of December 2011, 29th of February 2012 and 21st of April 2012 respectively. It appears that during investigation, complicity of the petitioner came to the fore in conspiracy to abduct and murder Ms. Bhanwari Devi. Foreseeing coercive action by the investigating agency, petitioner applied for pre-arrest bail under Section 438 Cr.P.C. before Sessions Court, but the said application was dismissed on 7th of January 2012, precisely, for the reason that charge-sheet disclosed offence under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'Act') and there is embargo for grant of anticipatory bail under Section 18 of the Act. Subsequent to that, CBI made endeavour to initiate proceedings against the petitioner under Section 82 Cr.P.C. and the learned Magistrate issued directives on 11th of January 2012 for issuance of proclamation, which was published on 20th of January 2012 directing her to appear before the Court on 10th of February 2012. In the interregnum, the petitioner invoked inherent jurisdiction of this Court for annulment of arrest warrant dated 23rd of December 2011. When the petition came up before the Court, the petitioner was directed to appear before investigating agency on 5th of February 2012, which did not happen for some reason and CBI filed charge-sheet on 29th of February 2012 showing her as a suspect.
(3.) Yet again, this sort of situation prompted the petitioner to avail remedy under Section 482 Cr.P.C. and Criminal Misc. Petition No.163 of 2012 was filed on her behalf before this Court. The said attempt of the petitioner also proved abortive and the Court directed her to avail remedy under Section 438 Cr.P.C. As investigation in the matter was going on, CBI submitted supplementary charge-sheet in the matter on 21st of April 2012, wherein petitioner was arrayed as an accused of offences punishable under Section 120B read with Sections 302, 364 and 201 I.P.C. and Section 3(2) (v) of the Act with 16 other accused persons. The learned trial Court, thereupon, took cognizance of the offences for the aforesaid Sections and proceeded to frame charges. At the time of submission of charge-sheets, referred to supra, the petitioner was not apprehended, therefore, the charge-sheet against her was filed in absentia. Considering the absence of petitioner, an accused in the case, CBI submitted an application under Section 299 Cr.P.C. before learned trial Court. The said application was decided on 23rd of June 2014 by issuing directions that statements of witnesses recorded during trial shall be read under Section 299 Cr.P.C. and are binding on the petitioner.;