Lovdeep Singh @APPELLANT@Hash State of Rajasthan & Ors

By this common order, SBCRLMP No.4802/2018 preferred by Lovdeep Singh and SBCRLMP No.4803/2018 instituted by Pavitra Singh shall be

decided together.

In the both the petitions filed under Section 482 Cr.P.C., quashing of FIR No. 839/2017 registered at Police Station Shipra Path, District Jaipur (South)

for the offences under Sections 354 and 509 IPC, is prayed for.

The learned counsel for the petitioners has submitted that the complainant Reena Sharma on 15.11.2017 presented a written report â€" Annexure-1

and in the said written report, she has levelled no allegation that the accused touched her. The learned counsel for the petitioners has contended that

from perusal of the Annexure-1 no offence under Section 354 IPC is made out.

In pre-lunch session, after perusal of the written report Annexure-1, this Court directed the learned Public Prosecutor to call the investigating officer.

In pursuance of the said order, Sub Inspector Rajendra Prasad, P.S. Shipra Path, Jaipur is present in the court alongwith file of the case. He has

denied the presence of Annexure-1 and stated that same is not part of the police file. For ready reference, the written report - Annexure-1 relied by

the petitioners is reproduced below:-

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 Mob.-9828430229 The learned counsel for the petitioners has submitted that vide Annexure-2 on 22.11.2017 at 10:20 PM, the petitioners were

arrested under Section 151 Cr.P.C. Thereafter, they were taken to the police station and on 23rd November i.e. next morning a complaint under

Section 107 and 151 Cr.P.C. was presented in the court of Executive Magistrate cum Assistant Police Commissioner, Jaipur (South). The learned

counsel for the petitioners has contended that after filing of the report Annexure1, and submission of complaint under Section 107 and 151 Cr.P.C. the

complainant resorted to improvement and submitted another report on the basis of which, formal FIR Annexure-4 was registered.

In the subsequent report Annexure-4 dated 23.11.2017, the complainant added “o xyr txg NqvkAâ€. The learned counsel for the petitioners has

contended that these words after eight days of the occurrence in a subsequent written report were added to implicate petitioner for offence punishable

under Section 354 IPC. The learned counsel for the petitioners has contended that the occurrence had taken place on 15.11.2017 at 2:00 PM.

Immediately report Annexure-1 was submitted and in the report Annexure-1 reproduced above, the above said words were missing. Subsequently,

after eight days improvement was made to invoke Section 354 IPC against the petitioners.

The learned Public Prosecutor on instructions from Sub Inspector Rajendra Prasad has submitted that the written report Annexure-1 relied by the

counsel for the petitioners is not part of the case diary. It is stated that the statement of the complainant was recorded for the first time on 23.11.2017

and on the basis thereof, FIR was registered.

I have heard the learned counsel for the parties.

Whether the Annexure-1 was submitted by the complainant or not, is question of fact, if Annexure-1 was not submitted, what is the effect of delayed

report and FIR dated 23.11.2017, which is after delay of eight days of the occurrence, is in the realm of appreciation.

Petitioners have already been enlarged on bail. Therefore, this Court while exercising jurisdiction under Section 482 Cr.P.C. shall not tread on the path

of appreciation or evaluation of the evidence, which is the sole prerogative of the trial court.

The learned Public Prosecutor on instructions from Sub Inspector Rajendra Prasad, has submitted that the report of investigation alongwith opinion of

the investigating officer, shall be filed in the court of competent jurisdiction within one week form today.

The investigating officer is directed to take into consideration the report Annexure-1 relied by the petitioners, if the same is part of Police file.

In view of the observation made above, the present petition is disposed of with liberty to the petitioners to raise all arguments available to them before

the trial court at appropriate stage.