High Court of Rajasthan
Pinki v. State of Rajasthan and Ors.
MANU/RH/0319/2017
12.05.2017
Criminal
Court has power to direct further investigation in interest of complete and fair investigation
Present criminal misc. petition under Section 482 of Code of Criminal Procedure, 1973 (Cr.P.C.) has been preferred for quashing of FIR registered as well as proceedings in furtherance thereof for offences under Sections 191, 192, 196, 197, 200, 420, 467, 468, 471, 474 and 120B of Indian Penal Code, 1860 (IPC). Matter pertains to contest of election by Petitioner as a member of Panchayat Samiti, Jaswantpura. It is alleged in FIR that, alongwith nomination paper, a certificate of Gujarat Higher Secondary Education Board, Gandhi Nagar, Examination Wing, Vadodara was submitted by contestant, present petitioner. Petitioner was elected as member of Panchayat Samiti, and thereafter, again filed a nomination paper for election of Pradhan, Panchayat Samiti, Jaswantpura on 07th February, 2015 and also won said election. Complainant raised a dispute regarding Petitioner's age, not being in conformity with Section 19(k) of Rajasthan Panchayati Raj Act, 1994 and also documents submitted by Petitioner to have inconsistency regarding date of birth 2nd July, 1993 in one of document and 2nd July, 1996 in another document. Petitioner drew attention of this Court to orders passed by Court below in application, whereby amendment in date of birth, as sought by Petitioner has been allowed and a Tehrir regarding same has been issued, which is also on record. Petitioner further submitted that, in larger interest of justice, investigating authority should have considered all documents, which have been subsequently produced by Petitioner before investigating authority, even when investigation has been completed.
Apex Court in Pooja Pal Vs. Union of India & Ors., observed that, precedential ordainment against absolute prohibition for assignment for investigation to any impartial agency like CBI, submission of the charge-sheet by normal investigating agency in law notwithstanding, albeit in an exceptional fact situation warranting such initiative, in order to secure a fair, honest and complete investigation and to consolidate the confidence of victim(s) and public in general in justice administering mechanism, is thus unquestionably absolute and hallowed by time. Such a measure however, can by no means be a matter of course or routine but has to be essentially adopted in order to live up to and effectuate salutary objective of guaranteeing an independent and upright mechanism of justice dispensation without fear or favour, by treating all alike.
Petitioner submitted that, in order to secure a fair, honest and complete investigation and to consolidate confidence of victim and public in general in justice administering mechanism, is thus unquestionably permitted to make further investigation in any case on orders of Court. Law laid down by Apex Court in Pooja Pal Vs. Union of India & Ors. applies in present case, as investigation has been completed, but in interest of complete and fair investigation and for enforcement of fundamental rights judged on touchstone of high public interest and paramountcy of rule of law, it would be appropriate to direct investigating authority to consider all documents that have been placed on record by Petitioner. High Court disposed of present petition with a direction to investigating authority to take all documents submitted by petitioner on record, and conduct fair investigation regarding these documents before re-filing of challan before competent court.
Relevant
Pooja Pal vs. Union of India (UOI) and Ors. MANU/SC/0071/2016
Pinki v. State of Rajasthan and Ors.
MANU/RH/0319/2017
12.05.2017
Criminal
Court has power to direct further investigation in interest of complete and fair investigation
Present criminal misc. petition under Section 482 of Code of Criminal Procedure, 1973 (Cr.P.C.) has been preferred for quashing of FIR registered as well as proceedings in furtherance thereof for offences under Sections 191, 192, 196, 197, 200, 420, 467, 468, 471, 474 and 120B of Indian Penal Code, 1860 (IPC). Matter pertains to contest of election by Petitioner as a member of Panchayat Samiti, Jaswantpura. It is alleged in FIR that, alongwith nomination paper, a certificate of Gujarat Higher Secondary Education Board, Gandhi Nagar, Examination Wing, Vadodara was submitted by contestant, present petitioner. Petitioner was elected as member of Panchayat Samiti, and thereafter, again filed a nomination paper for election of Pradhan, Panchayat Samiti, Jaswantpura on 07th February, 2015 and also won said election. Complainant raised a dispute regarding Petitioner's age, not being in conformity with Section 19(k) of Rajasthan Panchayati Raj Act, 1994 and also documents submitted by Petitioner to have inconsistency regarding date of birth 2nd July, 1993 in one of document and 2nd July, 1996 in another document. Petitioner drew attention of this Court to orders passed by Court below in application, whereby amendment in date of birth, as sought by Petitioner has been allowed and a Tehrir regarding same has been issued, which is also on record. Petitioner further submitted that, in larger interest of justice, investigating authority should have considered all documents, which have been subsequently produced by Petitioner before investigating authority, even when investigation has been completed.
Apex Court in Pooja Pal Vs. Union of India & Ors., observed that, precedential ordainment against absolute prohibition for assignment for investigation to any impartial agency like CBI, submission of the charge-sheet by normal investigating agency in law notwithstanding, albeit in an exceptional fact situation warranting such initiative, in order to secure a fair, honest and complete investigation and to consolidate the confidence of victim(s) and public in general in justice administering mechanism, is thus unquestionably absolute and hallowed by time. Such a measure however, can by no means be a matter of course or routine but has to be essentially adopted in order to live up to and effectuate salutary objective of guaranteeing an independent and upright mechanism of justice dispensation without fear or favour, by treating all alike.
Petitioner submitted that, in order to secure a fair, honest and complete investigation and to consolidate confidence of victim and public in general in justice administering mechanism, is thus unquestionably permitted to make further investigation in any case on orders of Court. Law laid down by Apex Court in Pooja Pal Vs. Union of India & Ors. applies in present case, as investigation has been completed, but in interest of complete and fair investigation and for enforcement of fundamental rights judged on touchstone of high public interest and paramountcy of rule of law, it would be appropriate to direct investigating authority to consider all documents that have been placed on record by Petitioner. High Court disposed of present petition with a direction to investigating authority to take all documents submitted by petitioner on record, and conduct fair investigation regarding these documents before re-filing of challan before competent court.
Relevant
Pooja Pal vs. Union of India (UOI) and Ors. MANU/SC/0071/2016
Comments
Post a Comment