- (1.) This Misc. Application had been filed by the petitioners on 18.8.09 with the prayer that the respondents be directed not to submit the charge-sheet before the concerning Magistrate. Further, it has been prayed that an explanation may be called from the SHO as to why no investigation had been done in relation to its jurisdiction, in the facts and circumstances of the case. In the alternative, it has been prayed that the Court may hear the matter afresh by giving an opportunity of hearing to the opposite party and decide the same on merits.
(2.) Earlier, a Criminal Misc. Petition (1311/09) was filed by the present petitioners with a prayer that FIR No. 35/09 registered at Police Station, Kota City be quashed. Further directions to the SHO/ Investigating Officer, Mahila Police Station, Kota not to proceed further in the matter. The said Misc. Petition was decided by this Court on 28.7.09 with the following order: "Having regard to the facts and circumstances of the case and the submissions made by the learned counsel for the petitioners, I deem it just and proper to dispose of this criminal Misc. Petition with the direction to the SHO, Police Station Mahila Thana, Kota that he shall first consider the question of its jurisdiction with regard to the alleged incident and decide as to whether the same fall within its area or not. In case he comes to the conclusion that the incident had not taken place within jurisdiction then he shall take appropriate steps in accordance to law, for proceeding further."
(3.) In the instant Misc. Application filed by the petitioners, it has been averred that certified copy of the order of this Court dated 28.7.09 was submitted to the SHO, Mahila Thana, Kota on 1.8.09 and a fax copy of the same was also sent to the Superintendent of Police, Kota. Thereafter, the petitioners had filed a detailed representation, along with documents, to the SHO, Mahila Thana, Kota and a copy thereof was also sent to the Superintendent of Police, Kota City, around 10th August, 2009. Further, it is stated that when the petitioners appeared before the learned Magistrate on 1st August, 2009, the case was ordered to be fixed for 22.8.09 and as per their information, the police was to file the charge-sheet on that day. Therefore, it is submitted in this application that if the charge-sheet is submitted, then the very purpose of filing it would be frustrated. Further, filing of the charge-sheet would amount to disobedience of the directions given by this Court. It has also been averred that the SHO, Mahila Police Station is not proceeding as per the provisions of law and is deliberately ignoring the material on record. He is going to file the charge-sheet, even though no part of the alleged action had taken place within the jurisdiction of the Police Station concerned and Investigating Agency is also not empowered to undertake any investigation in FIR No. 35/09. Further, it has been stated that to prevent the abuse of the process of the Court, petitioners seek indulgence of this Court for issuance of directions to SHO, Mahila Thana, Kota City to stop the investigation and to act in accordance to the provisions of Section 177 and 179 Cr.P.C., as well as the various judgments given by the Hon'ble Apex Court and the High Court.;