KANWALJIT SINGH AHLUWALIA,J. - (1.) Present petition has been filed under Section 482 Cr.P.C., 1973 seeking quashing of FIR No. 85/2008 registered at Police Station Lalsot, District Dausa for offences under Sections 332, 353 IPC.
(2.) A coordinate Bench on 07.03.2018 had passed the following order:- "This court while directing Superintendent of Police, Dausa to file an affidavit, has passed order on 03.07.2014 as under:- "FIR was registered in the year 2008. Six years are going to elapse, no stay was granted by this court. Learned Public Prosecutor is able to acquaint this Court regarding status of the investigation. Superintendent of Police, Dausa is directed to file an affidavit regarding the progress made in the present FIR. The affidavit be filed on or before 14th July, 2014. In case on that day i.e. on 14th July, 2014, affidavit is filed by the Superintendent of Police, Dausa, on the next date, the Superintendent of Police, Dausa shall remain present in this court. List on 14th July, 2014. Copy of this order be handed over to Mr. NS Dhakar, Learned Public Prosecutor for onward transmission and necessary compliance." Pursuant to it, an affidavit of Shri Anshuman Bhomia s/o Shri Pushkar Dutt Bhomia, Superintendent of Police, Dausa has been filed on 14.07.2014, which is deposed on even date. Para 5 of this affidavit goes to suggest that it was reported by SHO/IO, Lalsot that "there has been stay in this Criminal Misc. Petition filed by the petitioner staying further proceedings by this Hon'ble High Court", which is contrary to the facts. This averment is supported with an affidavit or deposition of concerned SHO/IO. Order dated 03.07.2014 itself is categorical that no stay was granted by this court. FIR No. 85/2008 registered for the offences punishable under Sections 332, 353 of Indian Penal Code relates to 16.02.2008 and nothing concrete has apparently been done by the Investigating Agency against the accused person/s. Learned Public Prosecutor is in a position to apprise the court that what is the present status of investigation. Affidavit filed by a responsible police official, ranking Superintendent of Police has got false version that there has been a stay, which is contrary to the record. Let a notice be issued to concerned Superintendent of Police Shri Anshuman Bhomia s/o Sh. Pushkar Dutt Bhomia, directing to be present in the court on 16.03.2018 to explain the same, since deposition contrary to record amounts to perjury. List on 16.03.2018. Present status of the investigation be also filed before the court."
(3.) It is a matter of anguish that inspite of directions issued on various dates, investigation has been concluded till today even though FIR was registered a decade ago.;