Nathi Lal and Another vs State of Rajasthan

Gopal Krishan Sharma, J.—Heard both the learned Counsel. First Information Report No. 87/88 has been registered at police station, Masalpur, District Sawai Madhopur and the petitioner apprehends his arrest in that case. According to the First Information Report, four persons came in the night and entered into the house of the complainant. Out of four persons, two have been died on the spot and two have been arrested. The petitioner has been named in the arrested persons. The petitioner''s contention is that he has been falsely implicated in this case and the entire case depends on the identification. Hence in this application it is prayed that he is willing to surrender himself in the court but before sending him to the police custody, he should be sent to the judicial custody and police is directed to get the identification parade conducted by the Judicial Magistrate, so that petitioner may not apprehend for his being shown to the witness In the interest of justice, I feel that the prayer of petitioner is reasonable one and in order to get justice, the identification proceedings be conducted as prayed by him.

2 (While accepting the petition u/s 482, Cr.PC it is directed that the petitioner should surrender before the Chief Judicial Magistrate, Sawai Madhopur on or before 16-11-1988. The Chief Judicial Magistrate would call the SHO/IO of First Information Report No. 87/88, Police Station, Masalpur, District Sawai Madhopur and inform him about this surrender and then immediately send the petitioner to Judicial custody in district jail, Sawai Madhopur also direct the Investigating Officer to get the identification proceedings regarding this petitioner conducted by a Magistrate in district jail, Sawai Madhopur. The Investigating. Officer/SHO should take all necessary steps for getting identification proceedings.

The copy of this order be sent to the Chief Judicial Magistrate, Sawai Madhopur.