Pushpendra Singh Bhati, J. - (1.) The petitioner has preferred this misc. petition under Section 482 of Cr.P.C. for quashing the adverse remarks and proceedings directed to be initiated vide judgment dated 02.07.2016 passed by learned Special Judge, NDPS, Bikaner in sessions case No.1/2008 arising out of FIR No.27/2008 lodged at Police Station Sadar, Bikaner for the offence under Section 8 read with 20 NDPS Act.
(2.) Counsel for the petitioner states that the matter is squarely covered by the judgment rendered by a Coordinate Bench of this Court in Sumit Kumar vs. State of Rajasthan in S.B. Criminal Misc. Petition No.254 of 2014 decided on 08.07.2016.
(3.) The Coordinate Bench of this Court on 08.07.2016 passed the following order in Sumit Kumar . 1. This Criminal Misc. Petition under Section 482 Cr.P.C. depicts an unsavoury tale of a police officer who suffered severe strictures handed down by Sessions Judge, Rajsamand at the threshold of his service journey. The learned Sessions Judge, while passing the verdict of acquittal in Sessions Case No. 19/2012 on 6th of January 2014, has indicted the petitioner for his alleged lackadaisical approach in investigation of homicidal death, wherein victim was an old lady Ms. Nani Bai. For expurgation of dispersing remarks in the judgment, the petitioner has invoked inherent powers of this Court. 2. Succinctly stated, the facts of the case are that the petitioner, after completing his training in Rajasthan Police Services at the threshold joined his duties at Police Station Railmagra, District Rajsamand on 12th of February 2012. On 13th of February 2012, an FIR came to be lodged by one Shankerlal s/o Modaji Gadari for offence under Sections 460, 302 and 380 IPC. It is reported by the first informant that in the morning, when he was going to Gogathala from his residence, he saw doors of Ms. Nani Bai's house closed and few children standing there. According to the complainant, he suspected some mishap with Ms. Nani Bai as she was living alone so an attempt was made by him to call her but of no avail. Thereafter, the first informant asked another villager Bhagga to go inside the Guwadi. When Bhagga entered inside the Guwadi, he found Nani Bai lying on a coat and blood was oozing out from the injuries on her legs and the ornaments which she was wearing were also found missing. 3. On receipt of report, FIR No.46 of 2012 was registered and investigation commenced. After completing investigation, chargesheet was filed against two accused persons, namely, Jagdish s/o Ganeshlal and Udai s/o Mangilal. During investigation, it was unearthed that accused Jagdish is closely related to the deceased being her maternal grandson, who happened to be in financial disarray, has conspired in commission of offence of burglary and murder. According to the petitioner, despite his inexperience being fresh recruitee, sincere endeavour was made by him to investigate the matter thoroughly with precision to facilitate submission of challan against accused persons.;