Rampant For Political Rivals To Drag Opponents In Case To Ruin Political Career: Rajasthan HC Asks SP To Monitor Probe In FIR Against Sarpanch

In a plea for quashing an FIR filed against a Sarpanch, the Jodhpur bench of the Rajasthan High Court directed the Superintendent of Police (SP) to personally monitor the investigation observing that in an era where it was rampant for political rivals to drag their opponents in a case to damage their political career it was appropriate to direct the police to conduct an impartial probe.

The court was hearing a petition filed by a Sarpanch for quashing an FIR filed against him wherein the complainant had alleged that some persons "assaulted" him under the instruction of the petitioner. The FIR was registered under BNS Sections 189(2) (unlawful assembly), 115(2)(Voluntarily causing hurt), 126(2) (wrongful restraint) and 307 (Theft after preparation made for causing death, hurt or restraint in order to committing of theft).

Justice Farjand Ali in its order said, "Prima facie, this Court feels that since a bare perusal of the FIR revealing commission of cognizable offence and the investigation has to be conducted; however, at the same time, it is felt that in present era, when it is rampant in between the political rivalries to drag the name of their opponent in a case with an oblique object to get damage to their political career and, thus, it is deemed appropriate to disposed of this criminal misc. petition with a direction to the police to conduct fair, impartial and expeditious investigation in this matter”.

In this background, the Court asked the petitioner to submit a representation before the SP along with all the documents. It said that it expects the SP to consider the averments made in the representation and further instruct the Investigating Officer to conduct "fair and impartial investigation and do all the needful to bring on record the truth, whereafter submit the result of the investigation as expeditiously as possible".

The high court further directed the SP to "personally monitor" the investigation.

It was argued by the petitioner that the FIR was filed merely with a view to maligning his reputation and ruin his political career. The Court perused the material on record including a video that evidently showed that the petitioner was not present on the spot of the incident.

Furthermore, it was held that the petitioner shall not be arrested during the entire course of the investigation and if after investigation, any offence was proved against him, he shall be given a "prior notice of one month" before affecting the arrest so that he can exercise his legitimate rights.

Accordingly, the petition was disposed of.

Case Title: Om Prakash v State of Rajasthan

Citation: 2024 LiveLaw (Raj) 367

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