Fakruddin vs State Of Rajasthan And Ors

By way of the S.B. Criminal Misc. Petition No.4419/2016, the petitioner has prayed for quashing of FIR No.409/2015 registered at Police Station Kishangarh Bas District Alwar dated 2.8.2015 for offences under Section 420 IPC.

On perusal of the record, it is found that earlier petition was filed i.e. S.B. Criminal Misc. Petition No.4699/2015 by counsel Anil Kumar Jain, Advocate before this court challenging the same FIR and praying for quashing the same under Section 482 Cr.P.C. This court vide order dated 21.9.2015, after having examined the contents of the FIR and contentions of the counsel for the petitioner dismissed the said petition.

Thereafter, another criminal misc. petition i.e. 2133/2016 was filed on 12.4.2016 by another counsel Harendra Singh Sinsinwar Advocate wherein the same FIR was challenged with a prayer to quash the same. In the said misc. petition, in the footnote it was mentioned that no such criminal misc. petition has been filed by the petitioner previously. The Stamp Reporter has put a note on the said misc. petition about the earlier petition having been filed however the petition was passed. The case was taken up but no orders were passed on it and later the court issued orders on 14.9.2017 directing the learned Public Prosecutor to submit the status report.

In the meanwhile on 2.9.2016 a third S.B. Criminal Misc. Petition No.4419/2016 was filed by another counsel Rajesh Kumar Sharma, Advocate. Registry put a seal that no such criminal misc. petition was filed previously and the case came up before the court on 26.9.2016 and in ignorance of the earlier orders the court proceeded to stay the investigation in FIR No.409/2015. In the third petition, the petitioner did not mention in the footnote of the earlier misc. petition having been filed before this court.

It is also noticed that a cross criminal misc. petition i.e. 63/2016 was filed wherein the complainant has prayed for change of Investigation Officer and for free and fair investigation in FIR No.409/2015 wherein earlier petition filed was tagged and the court has called report from office.

From the facts it has also come that petitioner-Fakruddin is a candidate for election of Sarpanch of Gram Panchayat Birsinghpur Tehsil Kishangarh Bas District Alwar.

Aforesaid facts show that prima facie the petitioner- Fakruddin has attempted to play mischief by filing criminal miscellaneous petition one after another with regard to the same case and even upon dismissal of his first criminal misc. petition, he concealed from the court about the said fact and filed fresh criminal misc. petition through different counsel. He has played a fraud and mislead the court and obtained an order of staying the criminal proceedings in FIR No.409/2015 in the third case by hunting different Bench.

The role of the advocates is also found to be wanting and it appears that they have engaged in Bench hunting and mislead the court and obtained an order of stay. They have signed the footnote mentioning that no criminal misc. petition was earlier filed. The role of the then Stamp Reporter or clerk from the Registry also seems dubious. The investigating officer has also not moved any application or informed the court about the aforesaid facts. The conduct of petitioner's advocate is deprecated.

Keeping in view such conduct of petitioner, it is directed that non-bailable warrants be issued to the petitioner-Fakruddin for remaining present in the court on the next date.

The Registrar (Judicial) is also directed to conduct an inquiry in this regard and submit his report before the next date. The concerned SHO shall also remain present alongwith his report as to why the information was not given to the learned Public Prosecutor with regard to the earlier order of rejecting of petition against the quashing of FIR.

In view of above, the application for vacating the stay order dated 26.9.2016 is allowed as the earlier petition against the quashing of FIR already stood dismissed. The interim order dated 26.9.2016 is vacated. The police authorities shall proceed on the FIR No.409/2015 registered at Police Station Kishangarh Bas District Alwar.

These criminal misc. petitions i.e. 4419/2016 and 2133/2016 stand dismissed. However, the Registry is directed to list these cases before the court for the purpose of report and further proceedings against the petitioner-Fakruddin on 28.1.2020.