Rajveer @APPELLANT@Hash State Of Rajasthan And Ors

Heard learned counsel for the petitioner. Two separate writ petitions have been preferred on behalf of the accused-petitioner Rajveer and Anoop

Singh with a prayer to quash and set aside the impugned charge-sheet (Annexure-3) up to the extent of the petitioner.

Main contention raised by learned counsel for the petitioner is that in the factual report submitted on 16.8.2017 before the Court of Sessions Judge,

Bharatpur, it was stated that no involvement of accused-petitioners Rajveer and Anoop Singh was found in the alleged incident on the basis of the

investigation conducted so far. It was also stated that their location was not found on the scene of occurrence as per the call details.

Learned counsel for the petitioner submits that despite this specific report, at the instance of the complainant and on account of political rivalry the

investigation has been diverted and the accused petitioners are now being charge-sheeted in FIR No.177/2017, PS Udhyog Nagar, Bharatpur.

Learned Public Prosecutor has submitted the latest investigation report dated 7.3.2018 received from Investigating Officer, Mr. Vijendra Kumar

Sharma SHO PS, Udhyog Nagar, Bharatpur, who is present in person before the Court and has placed on record the factual report. In the factual

report, it has been stated that the then Investigating Officer, Additional S.P. Range Bharatpur has concluded the investigation and the offences under

Sections 323, 341, 325 and 307 IPC were found established against the petitioners Rajveer and Anoop Singh.

Learned Public Prosecutor submits that it is not because of the political rivalry that the offences have been found established against the present

petitioner, but on the basis of call details obtained in regard to petitioners and on the statements recorded under Section 161 Cr.PC of complainants

Dinesh @ Neetu Singh, Dalvir Singh, Maharaj Singh, Hariom Gupta, Mansingh, Bheem Singh and Bhulli that the involvement of the accused-

petitioners is found established. It has further been stated that petitioner Anoop Singh has been arrested on the basis of the investigation and thereafter

he has been granted bail under Section 439 Cr.PC by this Court.

In view of the latest investigation report submitted before this Court, there appears no ground to quash and set aside the charge-sheet, which is due to

be filed consequent to the investigation conducted so far. However, learned counsel for the petitioner (Rajveer) submits that as no custodial

investigation is required to be conducted since the charge-sheet is ready to be filed against him, his arrest may not be effected. The prayer made by

learned counsel for the petitioner to this extent qua petitioner Rajveer is allowed and Petitioner Rajveer is directed to (4 of 4) [CRLW-74/2018]

surrender before the Court of the competent jurisdiction. Rest of the prayers made by way of this writ petition are rejected.

This writ petition is disposed off accordingly.