Sampat Singh vs State
2021 Latest Caselaw 12297 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 2380/2020

Sampat Singh S/o Badri Singh, Aged About 23 Years, Bahadursingh Colony, Ward No. 12, Sardarshahar, District Churu (Rajasthan).

----Petitioner Versus State, Through P.P.

                                                                     ----Respondent


For Petitioner(s)          :     Mr. Rajak Khan Haidar
For Respondent(s)          :     Mr. Mahipal Bishnoi, PP



            HON'BLE MR. JUSTICE SANDEEP MEHTA

                                  Judgment

06/08/2021

The instant misc. petition under Section 482 Cr.P.C. has been

filed by the petitioner Sampat Singh alleging that he lodged a

complaint for cognizable offences to the police officials of the

Police Station Sardarshahar, Churu who did not register the same

and thus, they are responsible for violation of Section 31 of the

Rajasthan Police Ordinance, 2007.

Learned counsel Shri Rajak vehemently and fervently urges

that the omission by the police officials of Police Station

Sardarshahar in registering the FIR lodged by the petitioner

against the accused ASI Rajendra Singh and other police officials

of Police Station Sardarshahar is in gross violation of the

procedure prescribed under the Rajasthan Police Ordinance, 2007.

Counsel Shri Rajak further urges that the petitioner filed a

complaint of cognizable offences at the Police Station

Sardarshahar, Churu. However, ASI Rajendra Singh did not

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investigate the same properly and sent a report to the police

station with false conclusions. The complaint was again sent to

Rajendra Singh, ASI for investigation but in fresh investigation,

Shri Rajendra Singh totally changed the conclusions arrived at

previously. This act/omission of Shri Rajendra Singh, ASI as per

the petitioner amounts to an offence under Section 166 (A) & B)

of the IPC and hence, the petitioner has prayed that suitable

directions be issued to SHO PS Sardarshahar, Churu for registering

an FIR against Shri Rajendra Singh.

I have heard and considered the submissions advanced at

bar and have gone through the so-called complaint (Ex.P/1) which

the petitioner claims to have filed to the SHO PS Sardarshahar,

Churu. On a bare perusal of the complaint, it is apparent that

other than making recital of the provisions of law and the

judgments rendered by Hon'ble the Supreme Court, the petitioner

has not made a whisper of allegation that any cognizable offence

is made out against the officials of the Police Station

Sardarshahar, Churu.

Suffice it to say that in the said complaint, absolutely vague

and lackadaisical allegations have been made by the petitioner

regarding lodging of an FIR/complaint and the alleged illegal acts

of Shri Rajendra Singh while investigating the same. Though the

petitioner has tried to preach by portraying the provisions of law

and judgments, not a whisper is made in the complaint as to what

precisely was the complaint submitted by him previously which

was not investigated properly. Be that as it may. On a perusal of

the averments of the present complaint, it is clear that no FIR was

registered on the allegations of the petitioner previously as well

and thus, there was no occasion for any investigation to be carried

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out. If at all, the petitioner had submitted any complaint and he

was not satisfied with the conclusion of inquiry made thereupon,

he could have approached the magistrate concerned by filing a

complaint under Section 190 Cr.P.C. and if at all the Magistrate

was satisfied regarding disclosure of offences from the averments,

the proceedings under Section 200/202 Cr.P.C. could have been

resorted to.

As a consequence of the above discussion, I am of the firm

opinion that by filing the complaint in question and this misc.

petition, the petitioner is trying to manipulate the facts so as to

blackmail/pressurize the police officials concerned. This endevour

of the petitioner is totally malafide and cannot be tolerated.

Hence, I find no reason to interfere in this matter while exercising

this Court's inherent powers under Section 482 Cr.P.C..

Accordingly, the misc. petition fails and is dismissed as being

devoid of merit. The stay application is also dismissed.

(SANDEEP MEHTA),J 12-Sudhir Asopa/-

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