Saajan Prajapat vs State Of Rajasthan
2022 Latest Caselaw 6776 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 961/2022

Saajan Prajapat

----Petitioner Versus State Of Rajasthan

----Respondent

For Petitioner(s) : Mr Mahendra Godara For Respondent(s) : Mr Mahipal Bishnoi PP Ms Yogita Mohanani for complainant

HON'BLE MR. JUSTICE FARJAND ALI

Judgment / Order

07/05/2022

While granting bail to the accused-petitioner vide order dated

24.01.2022, a coordinate Bench of this Court had noticed that the

suicide note of the deceased was earlier on the case diary but the

same was not attached with the case diary when it was submitted

before the Sessions Judge. Thus, directions were issued to the

Superintendent of Police, Barmer to initiate an inquiry regarding

existence of the suicide note and to take appropriate action

against the erring officer and for the purpose of compliance, the

matter was directed to be listed on 25.02.2022.

It is observed that earlier also this Court directed the State

for compliance of the order regarding initiation of inquiry but it

seems that no heed has been paid by the State authorities. On

earlier occasion, the learned Public Prosecutor was directed to

ensure presence of the Investigating Officer, the Deputy SP

(SC/ST Cell) Barmer to ensure the compliance but even he did not

turn up.

(2 of 2) [CRLMB-961/2022]

Looking to the nature and gravity of the offence and

observing that the missing document is a piece of vital

importance, purportedly last words of the deceased regarding the

state of affairs and transactions in which she died; it is deemed

appropriate to instruct the Director General of Police, Rajasthan,

Jaipur, who, adverting to the nature and gravity of the offence, the

importance of the document and lackadaisical and grossly

negligent act of the Investigating Officer in keeping the file safe in

his hands, shall initiate an inquiry as to under what circumstances

an important document has misplaced from the case diary. He

shall appoint an Inquiry Officer for this purpose, with clear

direction to complete the inquiry within 45 days from the date of

initiation of the inquiry. The accountability of the person

responsible for the missing piece of evidence shall be fixed and

thereafter suitable action shall be passed.

The inquiry report shall be placed before this Court on the

next date of hearing.

List this matter in second week of July 2022.

(FARJAND ALI),J 101-MMA/-

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