1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.8217/2008 (Mannsa Ram Vs. State & Ors.) Date of order : 26.02.2009 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Manmeet Singh Rai, for the petitioner. Mr. R.L. Jangid, Addl. Advocate General. This writ petition has been filed by the petitioner for the following reliefs : A/ By an appropriate writ order or direction, the respondents may kindly be directed to register the FIR upon the complaint of the petitioner and the investigation of the same be either handed over to an independent investigating agency or to an impartial police officer of the rank of Superintendent of Police. B/ By an appropriate writ order or direction, the respondents may kindly be directed to grant protection to the petitioner. C/ By an appropriate writ order or direction, the respondents may kindly be directed to investigate and take appropriate action against the doctors who have 2 conducted the autopsy whose findings are contrary to the photographs. D/ By an appropriate writ order or diction, the respondents may kindly be directed to punish the police officers for ignoring their duties. E/ by an appropriate writ order or direction, the respondents may kindly be directed to finish the investigation within 6 months and punish the accused as per law. In this case on 21.10.2008, while issuing notice to the Superintendent of Police, Pali and S.H.O., P.S. Sumerpur, they were directed to remain present before the Court on 23.10.2008 along with record of F.I.R. No.146 dated 31.5.2008 and further they were directed to apprise this Court with regard to the investigation conducted in the said F.I.R. On 23.10.2008, the Superintendent of Police, Pali along with S.H.O., P.S. Sumerpur along with other officials gave their presence before the Court and after perusing the record, the case was adjourned for six weeks and for personal safety of the petitioner, certain directions were issued and it was expected that Superintendent of Police, Pali will take proper care of security of the petitioners. So also, directions were issued for conducting fair investigation in the matter. 3 It is reported by learned Addl. Advocate General that after investigation, challan has been filed under Section 306 I.P.C. against one Surja Ram and it is brought to the notice of this Court by the Investigating Officer that in his investigation as per evidence, offence under Section 306 I.P.C. is made out against accused Surja Ram. Learned counsel for the petitioner submits that the complainant – petitioner is not satisfied with the investigation so conducted by the Police and further submitted that although there is not direct evidence but police has not investigated the matter in proper manner, so also, have not collected proper evidence. It is also contended that doctors who conducted the port-mortem have also ignored the fact that there were injuries on the body of the deceased – Bhanwar Lal – son of the petitioner. In this case, the Investigating Officer was directed to remain present in the Court along with case-diary. According to the investigating officer and the record of the case, challan has been filed under Section 306 I.P.C. before the competent criminal trial court for trial and the matter is under trial. Therefore, in my opinion, the prosecution may lead evidence before the Court and if in the statement of prosecution witnesses recorded by the trial Court, any evidence against other persons came on record then the 4 petitioner will be at liberty to file an application under Section 319 Cr.P.C. for impleading those persons against whom if any evidence comes on record. Therefore, this writ petition is disposed of with the expectation from the trial Court that the trial will be completed within reasonable time and the prosecution is at liberty to adduce evidence in accordance with the provisions of Cr.P.C. The S.H.O. of concerned Police Station shall provide proper protection to the petitioner as and when request made by the petitioner. No order as to costs. (GOPAL KRISHAN VYAS), J. arun