SMT. SUSHILA DEVI Vs. RAJENDRA RATHORE AND ANR.
LAWS(RAJ)-2012-7-283
HIGH COURT OF RAJASTHAN
Decided on
July 04,2012
Smt. Sushila Devi
Appellant
VERSUS
Rajendra Rathore And Anr.
Respondents
Referred Judgements :-
STATE OF BIHAR VS. RAMESH SINGH [REFERRED TO]STATE OF MAHARASHTRA VS. SOM NATH THAPA [REFERRED TO]
STATE OF MADHYA PRADESH VS. S B JOHARI [REFERRED TO]
SAJJAN KUMAR VS. CENTRAL BUREAU OF INVESTIGATION [REFERRED TO]
JUDGEMENT
Mahesh Chandra Sharma -
(1.)DEFECTS over ruled. Mr. Tej Prakash Sharma accepts notice on behalf of the CBI. Shri S.K. Sinha, Advocate is directed to supply the copy of the revision petition to Mr. Tej Prakash Sharma.
This criminal revision petition has been filed under section 397 read with section 401 Cr.P.C. by the Rajasthan State through the investigation officer Dy. S.P. CBI, SC II, New Delhi, against the order dated 31.5.2012 of Sessions Judge, Jaipur District, Jaipur in Criminal case No. 29/2011 whereby the non -petitioner Rajendra Rathore was discharged for the commission of offence under sections 120B read with sections 302, 364, 346, 201 and 218 IPC. Brief facts of the case are that RC. 2(S) 2010 - SCU. V/SC II/ CBI New Delhi was registered in CBI, SC - II New Delhi in pursuance to the order dated 9.4.2010 of the Hon'ble Supreme Court of India passed in Special Leave Petition (Crl.) No. 3212 of 2008 filed by Smt. Sushila Devi w/o Late Dara Singh, resident of Mundital, Tehsil Rajgarh, Police Station Rajgarh, District Churu Rajasthan in respect of FIR No. 396/2006 dated 23.10.2006 of Police Station Mansarovar, District Jaipur City East, Jaipur. Smt. Sushila Devi had alleged in her petition that her husband Dara Singh was killed in a fake encounter by the police officials of Special Operation Group of Jaipur on 23.10.2006. Smt. Sushila Devi had alleged in her petition before the Hon'ble Supreme Court of India praying inter alia to pass an order directing the State of Rajasthan to initiate CBI enquiry in the killing of deceased Dara Singh.
(2.)UPON the aforesaid Special Leave Petition (Criminal) the Hon'ble Supreme Court of India vide its order dated 9.4.2010 directed the CBI to hold investigation in respect of the offence alleged. The order dated 9.4.2010 of the Hon'ble Supreme Court is reproduced here under :
Heard learned counsel for the parties. On the facts of the case, we direct the CBI to hold an investigation in respect of the offence alleged.
The criminal miscellaneous petition is disposed of accordingly.
In view of this, no orders need be passed on the applications for impleadment and they are also disposed of.
The State of Rajasthan had already registered FIR No. 396/2006 dated 23.10.2006 under sections 307, 332, 353 IPC; 3/25 Arms Act and Section 3 PDPP Act at Police Station Mansarover, District Jaipur (City) Jaipur Rajasthan in the matter of encounter of Dara Singh and the investigation of this case has been taken over by the CBI. After completion of investigation a charge sheet against 16 accused persons was filed in the court on 3.6.2011 and the investigation against accused Rajendra Rathore was kept pending for further investigation under section 173(8) Cr.P.C. Names of 16 accused against whom charge sheet was filed are as under:
1. SI Rajesh Chaudhary,
2. SI Zulfikar,
3. SI Satya Narayan,
(3.)SI Nisar Khan,
This criminal revision petition has been filed under section 397 read with section 401 Cr.P.C. by the Rajasthan State through the investigation officer Dy. S.P. CBI, SC II, New Delhi, against the order dated 31.5.2012 of Sessions Judge, Jaipur District, Jaipur in Criminal case No. 29/2011 whereby the non -petitioner Rajendra Rathore was discharged for the commission of offence under sections 120B read with sections 302, 364, 346, 201 and 218 IPC. Brief facts of the case are that RC. 2(S) 2010 - SCU. V/SC II/ CBI New Delhi was registered in CBI, SC - II New Delhi in pursuance to the order dated 9.4.2010 of the Hon'ble Supreme Court of India passed in Special Leave Petition (Crl.) No. 3212 of 2008 filed by Smt. Sushila Devi w/o Late Dara Singh, resident of Mundital, Tehsil Rajgarh, Police Station Rajgarh, District Churu Rajasthan in respect of FIR No. 396/2006 dated 23.10.2006 of Police Station Mansarovar, District Jaipur City East, Jaipur. Smt. Sushila Devi had alleged in her petition that her husband Dara Singh was killed in a fake encounter by the police officials of Special Operation Group of Jaipur on 23.10.2006. Smt. Sushila Devi had alleged in her petition before the Hon'ble Supreme Court of India praying inter alia to pass an order directing the State of Rajasthan to initiate CBI enquiry in the killing of deceased Dara Singh.
(2.)UPON the aforesaid Special Leave Petition (Criminal) the Hon'ble Supreme Court of India vide its order dated 9.4.2010 directed the CBI to hold investigation in respect of the offence alleged. The order dated 9.4.2010 of the Hon'ble Supreme Court is reproduced here under :
Heard learned counsel for the parties. On the facts of the case, we direct the CBI to hold an investigation in respect of the offence alleged.
The criminal miscellaneous petition is disposed of accordingly.
In view of this, no orders need be passed on the applications for impleadment and they are also disposed of.
The State of Rajasthan had already registered FIR No. 396/2006 dated 23.10.2006 under sections 307, 332, 353 IPC; 3/25 Arms Act and Section 3 PDPP Act at Police Station Mansarover, District Jaipur (City) Jaipur Rajasthan in the matter of encounter of Dara Singh and the investigation of this case has been taken over by the CBI. After completion of investigation a charge sheet against 16 accused persons was filed in the court on 3.6.2011 and the investigation against accused Rajendra Rathore was kept pending for further investigation under section 173(8) Cr.P.C. Names of 16 accused against whom charge sheet was filed are as under:
1. SI Rajesh Chaudhary,
2. SI Zulfikar,
3. SI Satya Narayan,
(3.)SI Nisar Khan,
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