VIJAY BISHNOI, J. - (1.) This criminal misc. petition under section 482 CrPC, 1973 is filed by the petitioner essentially with a prayer for transferring of investigation of the FIR No.415/2017 of Police Station, Sanchore, District Jalore for the offences punishable under sections 302, 307 and 34 IPC. It is also prayed that the investigation of FIR No.414/2017 of the same police station be consolidated with the above referred FIR.
(2.) The petitioner is widow of late Bhim Singh, who was allegedly killed in an encounter by the police personnel of Police Station, CCS (Central Crime Station), Kurnool, Andhra Pradesh on 27.10.2017 at Sanchore, District Jalore (Rajasthan).
(3.) The FIR No.414/2017 of Police Station, Sanchore, District Jalore has been lodged at the instance of Mr G.Raja Sekhar-Sub-Inspector of Police Station, CCS (Central Crime Station), Kurnool, Andhra Pradesh at 02:05 A.M. on 28.10.2017. Relevant portion of the FIR No.414/2017 is reproduced hereunder: "To The Station House Officer, Sanchore Police Station, Jalore District, Rajasthan State. Sir, Sub: Andhra Pradesh Kurnool District Police Firing against Police Party at the outskirts of Sanchore near Jain temple, Sanchore Right of private defense Request to take necessary action-Regarding. Ref:- Cr. No.177/2017 under section 365, 324, 397, 395 IPC, section 25(1)(b) Arms Act of Dhone rural Ps. Kurnol district, Andhra Pradesh. I, G.Raja Sekhar, Inspector of Police, CCS, Kurnool, Andhra Pradesh, would like to bring the following few lines for necessary action. It is to inform that on the intervening night of 12/13.09.2017 at about 1.30 a.m., while the complainant in the reference cited case Deep Karan Chowbisa along with another proceeding towards Bangalore, at Obulapuram mitta in NH 44 at Dhone, some unknown offenders armed with fire arms intercepted Scorpio vehicle AP 09 CW 0880 of complainant with their 2 vehicles, attacked them and threatened at the point of fire arms, committed dacoity of Rs. 5.5 crores being transported in the vehicle. They further abducted the complainant and another. Basing on the complaint, a case in the reference cited was registered and investigated into. Being one of the sensational cases ever witnessed by the District special teams were formed as per the instructions of Supd. of Police, Kurnool to apprehend and arrest the accused. A Swift vehicle bearing register No. MH12 NU 9244 was used to commit dacoity was identified and during further investigation, it was learnt that the offenders robbed away the vehicle from Reserve Inspector of Police at Yauvat of Pune by inflicting severe gunshot injuries which is a subject matter of Cr.No. 164/2017 under section 394, 397, 341 r/w 34 IPC and Section 3 and 27 of Arms Act of Yauvat PS, Pune. Maharashtra State. It was also learnt that another Honda Mobilio vehicle (car) bearing No. RJ 27AH 5233 was committed theft from Gujarat State. Later with the help of CCTV footages captured at Panchalingala toll gate and nearby hotel at kurnool of Andhra pradesh and at Medchal outer ring road exit toll of Telangana state and other places established the identity of the accused. A team under incharge of DSP, CCS, Kurnool visited Rajasthan State and Gujarat. As per the instructions of DSP, myself along with Srinivasulu, SI Dhone town PS, Madhusudhan Rao, SI Pathikonda PS visited Sanchore town yesterday i.e. on the evening of 26.10.2017. Today i.e. on 27.10.2017 morning we received information from our team that one of our teams arrested Purannath Goswamy, Bharat Kumar Mali and Tagaram in the above case. On their confession, we leant that the prime accused Bheem Singh who is involved in 15 and some other cases in Rajasthan and a History sheet maintained in Bhinmal P.S, is moving in the vicinity of Sanchore in a white Scorpio vehicle Reg. No. RJ21 UB 1800 and accordingly myself and my team in a private Scorpio vehicle MH49 U 5513 (driver Shankar) kept a watch on NH 15 in the outskirts of Sanchore town towards Barmar for the Scorpio vehicle. While so at about 1.15 p.m. the Scorpio vehicle bearing no. RJ21 UV 1800 came from Barmar side towards Sanchore. We could identify the driver of the said vehicle as suspected prima accused Bheem Singh in the above case. We followed the vehicle. The said vehicle moved towards Sanchore town and at a the shopping complex, the suspected accused parked the vehicle and got down. In the meanwhile 2 persons on a motor cycle came and met him. After talking to them, Bheem Singh handed over the keys to the pillion rider and sat o the motor cycle and went away. The pillion rider then got into the Scorpio and went via National highway towards Jain temple. We followed the Scorpio at a reasonable distance. The Scorpio drove towards a radium stickering stop beside Jain temple and stopped. We too followed and stopped at distance and were observing. In the meanwhile the prime accused Bheem Singh came and sat next to the driver in the front row. Myself along with my team rushed and surrounded the vehicle and cautioned the culprits to surrender having disclosed our identity as Police Officers. The prima accused Bheem Singh immediately opened fire on us on more than once. In order to protect ourselves and having left with no other option and in self defence, my Sls opened fire with their service pistols at Bheem Singh. In the meanwhile the driver of the vehicle drove the Scorpio at a high speed towards Sanchore and we followed them in our private vehicle and chased them. Their Scorpio took a right turn and then on to Raniwada road. The driver of the Scorpio unmindful to the traffic drove the vehicle in very rash manner and hit hard against a lady pedestrian and sped towards Raniwada resulting in the death of the lady pedestrian. After proceeding some 5 Kms approximately, the driver of the vehicle stopped the Scorpio and got down. We surrounded him and found that he was injured. On further observation we found that Bheem Singh was sitting next to the driver was found lying on the passenger seat with injuries. While fleeing also the culprits fired shots on us and in self defence we also retaliated from behind while casing. The driver informed us on questioning that his name is Bharath Purohith and the injured person is Bheem Singh. A weapon was found in the pocession of Bheem Singh and i secured it and took it into my custody for safety purpose. Immediately I along with Srinivasulu SI took the injured Bheem Singh drove the vehicle to Govt hospital Sanchore. I am herewith handing over the weapon (Country Made pistol) of Bheem Singh. The prime accused Bheem Singh and another person with an intention to do away with our lives, had opened fire on us while we were performing our legal, lawful and legitimate duties. Having left with no other option and in order to protect and save our lives and also the lives of general public we opened fire in self defence. In the view of the foregoing facts and the circumstances urged it is requested to take necessary action against the culprits for having opened fire on us while discharging our legal, lawful and legitimate duties. G.Raja Sekhar, Inspector Of Police, CCS Police Station, Kurnool District, Andhra Pradesh.";