DB Civil Habeas Corpus Writ Petition No.4462/08
Iqbal Singh Vs. State & Anr.
1
D.B. Civil Habeas Corpus Writ Petition
No.4462/2008
Iqbal Singh
vs
State of Rajasthan & Ors.
DATE OF ORDER : - 5.8.2008
HON'BLE MR. PRAKASH TATIA, J.
HON’BLE MR. C.M. TOTLA, J.
Mr.HS Sandhu, for the petitioner.
Mr.JPS Choudhary, PP.
Heard learned counsel for the parties.
There are serious allegations levelled by the petitioner
in his report submitted to the police on the basis of which
FIR no.12 dated 11.1.2008 was registered in the police
station Sadulsahar. In the said case, FR was submitted by
the SHO, Police Station Sardulsahar in the trial court. It
appears from the copy of the FR that in total 14 witnesses
were examined during investigation and police opined that
no incident as alleged by the petitioner was happened and,
therefore, in fact, case is required to be registered under
Section 182 and 211 Cr.P.C. against the complainant. The
missing person is Geeta @ Gurmeet Singh S/o Iqbal Singh
(petitioner). It appears from the copy of the FR submitted
by the Investigating Officer that even said missing person
Gurmeet Singh @ Geeta has not been interrogated so as to
DB Civil Habeas Corpus Writ Petition No.4462/08
Iqbal Singh Vs. State & Anr.
2
find out the true story and truthfulness in the allegation of
the petitioner.
Since the FR is pending for consideration before the
trial court, therefore, it will be appropriate that the
petitioner may submit his protest petition before the court
against the FR. The trial court may pass appropriate order
after considering the entire material, which has been placed
by the prosecution along with the FR. There may be a
judicial order under the provisions of the Cr.P.C. and the
court has ample power to do all needful for supervising the
investigation, may not have power to investigate itself.
The appropriate orders can be passed by the court,
therefore, it may be just and proper to allow the petitioner
to approach the trial court.
With these observations, this petition is disposed of
and the trial court is expected to decide the matter
expeditiously without any delay.
(C.M. TOTLA), J. (PRAKASH TATIA), J. c.p.goyal/-