D.R. Meghwal vs State
2021 Latest Caselaw 8256 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 4303/2020

D.R. Meghwal S/o Prema Ram, Aged About 38 Years, R/o Near Bus Stand Village Sarecha, Tehsil Luni, District Jodhpur.

                                                                        ----Petitioner
                                       Versus
State, Through PP
                                                                      ----Respondent


For Petitioner(s)            :     Mr. Arpit Samaria
For Respondent(s)            :     Mr. Mahipal Bishnoi, PP



              HON'BLE MR. JUSTICE SANDEEP MEHTA

                                    Judgment

25/03/2021

The petitioner-complainant has approached this Court by

way of this misc. petition under Section 482 Cr.P.C. seeking a

direction for the Special Court, SC/ST (Prevention of Atrocities)

Cases, Jodhpur Metro to decide the pending application dated

07.11.2017 filed by him expeditiously. The application was filed by

the petitioner seeking a direction for proceeding against the police

officer Simartharam under Sections 166 and 166-A of the

Scheduled Castes and the Scheduled Tribes (Prevention of

Atrocities) Act, 1989.

Suffice it to say that the prosecution is sought by way of this

application of a police officer in the rank of Additional

Commissioner of Police and who is not removable from the office

by the State Government and manifestly thus, his prosecution

would not be permissible sans sanction under Section 197 Cr.P.C.

The allegation which has been levelled in the application is that he

(2 of 2) [CRLMP-4303/2020]

filed an FIR No.106 dated 20.07.2017 and the charge-sheet was

mandatorily required to be filed within a period of sixty days and

that, delay in filing of the charge-sheet would make the IO

responsible to face prosecution for the offences under Sections

166 & 166-A of the IPC.

Ex-facie, I am of the view that Section (4)(2)(e) of the

SC/ST Act which requires filing of the charge-sheet in the Special

Court within a period of sixty days from the date of lodging of the

FIR is a directory provision.

As per the factual report placed on record, various reasons

have been set out regarding the delay in conclusion of the

investigation. The investigating officer had chalked out the charge-

sheet well within a period of two months and ten days from the

date of registration of the FIR by the petitioner.

In this background, I am of the opinion that ex-facie, the

application filed by the petitioner in the Special Court, SC/ST

(Prevention of Atrocities) Cases, Jodhpur Metro was not tenable

and is itself required to be dismissed rather than giving a direction

for proceeding thereupon. Thus, I find no reason to accept the

instant misc. petition which is dismissed as being devoid of merit.

Copy of this order shall be forwarded to the Special Judge, SC/ST

(Prevention of Atrocities) Cases, Jodhpur Metro forthwith.

(SANDEEP MEHTA),J 57-Sudhir Asopa/-

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