Disposed

Kishan Lal Pareek v. State of Rajasthan and Anr.

Rajasthan HC26 Apr 2017CRLW/11/2016

Case brief

AI extract

What is this about?

The High Court of Rajasthan disposed of multiple writ petitions filed by accused petitioners regarding an FIR registered during a fee hike protest. The court transferred investigation to CID/CIB to ensure impartiality due to local police involvement and directed following Supreme Court guidelines on arrest.

What did the court decide?

Investigation of the matter transferred to CID/CB with direction to investigate fairly, impartially, and expeditiously by an officer not below the rank of Additional Superintendent of Police.

Kishan Lal Pareek Vs State of Rajasthan and Anr. — Criminal Trial and Appeal | Rajasthan HC (2017)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR

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S.B. Criminal Writ Petition No. 54/2016

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Satyajeet Singh Bhinchar S/o Shri Ram Chandra Singh, by caste Jat, aged about 29 years, resident of Rashidpura, Police Station Sadar Sikar

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Pema Ram S/o Shri Chiranji Lal, by caste Balai, aged about 55 years, resident of Via Post Mundwada, Police Station Sadar Sikar

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mahaveer S/o Shri Amra Ram, by caste Jat, aged about 35 years, resident of Via Post Mundwada, Police Station Sadar Sikar.

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Mukesh Kumar Jat S/o Shri Ghisalal, by caste Jat, aged about 20 years, resident of Rampura, Police Station Danta Ramgarh, District Sikar.

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Sunita Sai D/o Shri Pokhar Mal, by caste Jat, aged about 24years, resident of Dujod, Police Station Sadar Sikar.

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Suresh Dhaka S/o Shri Bhanwar Lal, by caste Jat, aged about 23 years, resident of Netadwas, Police Station Sadar Sikar.

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Ankit Vishram S/o Shri Jagdish Prasad, by caste Jat, aged about 24 years, resident of Laxmanpura, Police Station Khatu Shyamji, District Sikar.

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Ram Ratan Bajiya S/o Shri Hardeva Ram, by caste Jat, aged about 42 years, resident of Bhunwala, Police Station Losal, District Sikar.

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Aabid Hussain S/o Shri Sanwat Khan, by caste Kayamkhani,aged about 35 years, resident of Garinda, Police Station Sadar Fatehpur, District Sikar (Rajasthan).

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...Petitioners/Accused

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Versus

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State of Rajastahn Through Public Prosecutor

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...Respondent

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Shri Shankar Lal Chhaba S/o Shri B.R. Chhaba, resident of Falka PS Kalu Pali Hal SHO PS Kotwali, Sikar (Rajasthan).

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....Respondent/informant(complainant).

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S.B. Criminal Writ Petition No. 11/2016

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Kishan Lal Pareek S/o Late Nand lal Pareek, aged about 50 years, resident of Nageshwar Bagichi Road, Near Hanuman Mandir, Sikar (Rajasthan).

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...Petitioner/accused

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Versus

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State of Rajasthan through Public Prosecutor

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...Respondent

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Shri Shankar Lal Chhaba S/o Shri B.R. Chhaba, resident of Falka PS Kalu Pali Hal SHO PS Kotwali, sikar (Rajasthan).

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....Respondent/informant(complainant).

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S.B. Criminal Writ Petition No. 63/2016

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Chhitar Mal, Son of Rugha Ram, by caste Jat, aged about 20 years, resident of Bajyavas, Police Station Dantaramgarh, District Sikar (Raj.)

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Shubh Karan, son of Richhpal Singh, by caste Jat, aged about 20 years, resident of Malasi, Police station Salasar, District churu (Raj.)

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Surendra, Son of Jagannath, by caste Gurjar, aged about 33 years, resident of Aantri, Police Station Sadar, Sikar (Raj.)

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Kishore Kumar, son of Hardayal Singh, by caste Jat aged about 25 years, resident of Mandota, Police Station Sadar, Sikar (Raj.)

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Ramniwas, son of Mukandaram, by caste Jat, aged about 22 years, resident of Meelon ki Dhhani, Sevadra, Police Station Naichhwa, District Sikar (Raj.)

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Shivpal, son of Rameshwar, by caste Jat, aged about 25 years, resident of Vijapura, Police Station Naichhwa, District Sikar (Raj.)

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Ashok Kumar, son of Raghunath Prasad, by caste Charan, aged about 20 years, resident of Badka Charan, Police Station Dantaramgarh, District Sikar (Raj.)

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Ram Chandra, Son of Jagdish Prasad, by cast3e Jat, aged about 20 years, resident of Vijapura, Police Station Naichhwa, District Sikar (Raj.)

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Bhinwa Ram, son of Jagdish Prasad, by caste Jat, aged about 21 years, resident of Burdako ki Dhhani, Govati, Police Station Khatushyamji, District Sikar (Raj.)

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Manoj Kumar, Son of Har Lal, by caste Jat, aged about 20 years, resident of Bhangiwad, Police Station Salasar, District churu (Raj.).

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Ashok Kumar, son of Chothu Ram, by caste Jat, aged about 18 years, resident of Ward No. 24, Reengus, District Sikar (Raj.)

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Arun Kumar, son of Dayal Chand, by caste Jat, aged about 19 years, resident of Ward No. 4, Salasar, District Churu (Raj.)

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Ismail, son of Yunus Khan, aged about 21 years, by caste Musalman, resident of Ward No. 28, Fatehpur, Police Station Kotwali Fatehpur, District Sikar (Raj.)

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Harendra, son of Ratan Lal, by caste Jat, aged about 28 years, resident of Piploda Ka Bas, Police Station Khandela, District Sikar (Raj.)

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Saddam Hussain, son of Liyakat Khan, by caste Musalman, aged about 25 years, resident of Rolsahabsur, Police Station Sadar, Sikar (Raj.)

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Sandeep Kumar, son of Deen Dayal, by caste Jingar, aged about 27 years, resident of Ward No. 12, Udaipurwati, District Jhunjhunu (Raj.)

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Subhash Kumar, son of Phool Chand, by caste Jat, aged about 20 years, resident of Ladpur, Police Station Reengus, District Sikar (Raj.)

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Murlidhar, son of Birbal Singh, by caste Jat, aged about 19 years, resident of Bagsarapurva, Police Station Salasar, District Churu (Raj.)

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Pawan Kumar, son of Prabhati Lal, by caste Balai, aged about 20

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years, resident of Ward No. 11, Dadiya, District Sikar (Raj.)

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1. Pintu Kumar, son of Radhey Shyam, by caste Kumawat, aged about 21 years, resident of Baidki Dhhani, Police Station Ranoli, District Sikar (Raj.)

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1. Rajendra, son of Gopal Ram, by caste Balai, aged about 20 years, resident of Palsana, Police Station Ranoli, District Sikar (Raj.)

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1. Ghanshyam Takhar, son of Mangu Ram, by caste Jat, aged about 35 years, resident of Mandoli, Police Station Ranoli, District Sikar (Raj.)

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1. Shishram, son of Ramniwas, by caste Jat, aged about 21 years, resident of Majisahab Ki Dhhani, Govindpura, Police Station Khandela, District Sikar (Raj.)

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1. Anil, son of Shivchand, by caste Jat, aged about 18 years, resident of Kumavas, Police Station Nawalgarh, District Jhunjhunu (Raj.)

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1. Mahesh Kumar, son of Banwari Lal, by caste Jat, aged about 18 years, resident of Ward No. 7, Palsana, Police Station Ranoli, District Sikar (Raj.)

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1. Prahlad, son of Sanwar Mal, by caste Jat, aged about 28 years, resident of Sanwli, Police Station Sadar, Sikar (Raj.)

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1. Shiv Bhagwan, son of Udai Lal, by caste Jat, aged about 26 years, resident of Pratappura, Police Station Laxmangarh, District Sikar (Raj.)

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1. Ashok Kumar, son of Shyopal Singh, by caste Jat, aged about 19 years, resident of Bawadi, Police Station Reengus, District Sikar (Raj.)

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1. Rakesh Kumar, son of Khuman Singh, by caste Jat, aged about 22 years, resident of Aakwa, Ward No. 1, Police Station Dadiya, District Sikar (Raj.)

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30 Rakesh Chiraniya, son of Jagdish, by caste Balai, aged about 18 years, resident of Pratappura, Police Station Laxmangarh, District Sikar (Raj.)

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1. Irfan, son of Roshan La, by caste Musalman, aged about 18 years, resident of Hetsamsar, Police Station Ramgarh Shekhawati, District Sikar (Raj.)

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1. Rajendr Singh, son of Jagdish, by caste Jat, aged about 19 years, resident of Beri, Police Station Dadiya, District Sikar (Raj.)

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1. Lalit Kumar, son of Suresh Kumar, by caste Brahmin, aged about 19 years, resident of Posani, Police Station Balara, District Sikar (Raj.)

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1. Vijay Singh, son of Bhagirath Mal, by caste Jat, aged about 19 years, resident of Lakhani, Police Station Reengus, District Sikar (Raj.)

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1. Kishore Singh, son of Kana Ram, by caste Jat, aged about 26 years, resident of Ward No. 5, Reengus, District Sikar (Raj.)

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1. Manish Kumar, son of Dhuda Ram, by caste Mali, aged about 21 years, resident of Kochhor, Police Station Ranoli, District Sikar (Raj.)

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1. Jai Prakash, son of Sharwan Kumar, by caste Jat, aged about 35 years, resident of Lakhipura, Purohito Ka Bas, Police Station Dadiya, District Sikar (Raj.)

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1. Pawan Kumar, son of Bhagirath Mal, by caste Jat aged about 22

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years, resident of Bana, Police Station Doongargarh, District Bikaner (Raj.)

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Jabid, son of Niyaj Mohammad, by caste Qayamkhani Musalman, aged about 18 years, resident of Hetamsar, Police Station Ramgarh Sethan, District Sikar (Raj.)

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Shubh Karan, son of Badri Prasad, by caste Raigar, aged about 18 years, resident of Ward No. 12, Ranoli, District Sikar (Raj.)

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Ankur Kumar, son of Shish Ram, by caste Jat, aged about 28 years, resident of Ranasar, Police Station Mukandgarh, District Jhunjhunu (Raj.)

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Ashok Sevda, son of Roopa Ram, by caste Jat, aged about 21 years, resident of Bhagiwad, Police Station Salasar, District Churu (Raj.)

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Amit Bhadiya, son of Hari Ram, by caste Jat, aged about 22 years, resident of Ward No. 43, Kisan Colony, Nawalgarh Road, Sikar (Raj.)

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Pawan Kumar, son of Satvir Singh, by caste Jat, aged about 25 years, resident of Ninan, Police Station Bhirani, District Hanumangarh (Raj.)

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Rishikesh Ola, son of Jhabar Mal, by caste Jat, aged about 24 years, resident of Deep Pura, Rajaji, Police Station Sadar, Sikar (Raj.)

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…Petitioners

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(Accused-Non-Complainants)

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Versus

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State of Rajasthan, through Public Prosecutor.

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...Non-Petitioner.

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Shankar Lal Chhaba, son of B.R. Chhaba, resident of Falka, Police Station Kalu Pali, at present S.H.O. Police Station Kotwali, Sikar (Raj.)

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….Complainant-non-Petitioner.

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DATE OF ORDER ::: 26^th April, 2017

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HON'BLE MR. JUSTICE BANWARI LAL SHARMA

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Mr. Suresh Sahni with, Mr. R M Sharma with, Mr. Ripudaman Singh Naruka for the Petitioners. Mr. N S Dhakad, PP.

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Since petitioners are different but their prayer is same regarding FIR, therefore, all petitions are being disposed of by the same order.

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Petitioners accused preferred this writ petition for quashing impugned FIR No. 723/2015 registered at Police Station Kotwali, Sikar. In alternate it was prayed that investigation of the case may be transferred to CBI/SIT or CID/CB.

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Learned counsel for petitioners Shri Suresh Sahni submits that petitioners were protesting against the fee hike matter as the university fee was increased without any exigency. The demonstration was peaceful but police officials gave beatings to the demonstrators, therefore, few people sustained grievous injuries for which they submitted reports but on their reports FIRs were not registered, therefore, they submitted criminal complaint before the concerned Magistrate which is pending for inquiry under Sections 200 and 202 Cr.P.C. He submits that initially police arrested the petitioners under Section 151 Cr.P.C. and filed complaint under Section 107/116 Cr.P.C. before the Sub Divisional Magistrate, Sikar whereon they were bound down for maintaining peace for six months, thereafter, impugned FIR was again lodged and they were arrested in this matter also. He submits that simultaneously two criminal proceedings cannot be initiated for one and same incident, therefore, the impugned FIR No. 723/2015 may be quashed or in alternate the investigation may be transferred as the local police himself is complainant and victim in this case, therefore, there are remote chance regarding fair investigation by the local police.

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Learned PP. Shri N. S. Dhakad opposed the writ petition and submitted that proceeding under Sections 107, 116 and 151 Cr.P.C. is the preventive one while the impugned FIR’s proceeding is penal one, therefore, both can be initiated simultaneously. He

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6 submits that to control the mob, preventive action was taken and petitioners were arrested under Section 151 Cr.P.C. Thereafter, for penal action FIR was lodged. He submits that if investigation is being transferred to CID/CB, then he has no objection.

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I have considered the submissions made at Bar.

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Looking to the overall facts and circumstances of the case, since the victim party is local police itself, therefore, for fair and impartial investigation I deem it proper to transfer the investigation to CID/CB with direction to investigate the matter fairly, impartially and expeditiously and looking to the nature of offence, it is also directed that investigation of this matter shall not be carried out by the officer below the rank of Additional Superintendent of Police of CID/CB.

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In event of arrest the direction of Hon’ble Supreme Court issued in the matter of Arnesh Kumar Vs. State of Bihar shall be followed.

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The writ petition disposed of accordingly.

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[BANWARI LAL SHARMA], J.

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Komal/10-12.

Kishan Lal Pareek v. State of Rajasthan and Anr.

Case brief

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Kishan Lal Pareek v. State of Rajasthan and Anr.

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