Publish Date: | Wed, 02 Mar 2022 09:57 PM (IST)
– Case of elimination against the accused of murder
Gwalior Court News: Gwalior (Naiduniya Representative). In the case of elimination of a murder accused, the difficulties of the prosecution may increase. A single bench of the High Court has sought clarification from the Director General of Police on the affidavit on nine points. He will have to present his affidavit in the court on March 14. The court has asked how the heinous and sensational case is identified. Don’t all crimes fall under the category of heinous? Can District Prosecution Officer and Investigating Officer stop someone’s charge sheet?
Udal Rawat was killed on 29 October 2020 in Rawat Banwari village under Panihar police station, while Malkhan Rawat was injured due to bullet injuries. In this, a case of murder was registered against 12 people. The police had also arrested 10 people, while two people were not arrested. In this regard, Malkhan Rawat filed a petition in the High Court in 2021. Advocate Sangeeta Pachauri, appearing for the petitioner, argued that the police is putting an end to Rajesh Rawat alias Raje. On the spot, Rajendra Rawat had fired on Malkhan Rawat due to which he was seriously injured. Despite all the evidence, the police did not arrest him. Its status report was sought by the court, in which the police told that they are going to present the end. When the court questioned the government advocate in this regard, the District Prosecution Officer stopped him from presenting the challan, while the police had gone to present the challan. After this, the court sought an affidavit from District Prosecution Officer Praveen Dixit. He presented his affidavit in the court. On Wednesday, the government advocate gave information regarding the affidavit of the District Prosecution Officer. He told that on February 2, 2012, a circular of the Home Department was issued. In compliance with that order, information about sensational cases has to be given to the Police Headquarters, Crime Research Decision Department, Bhopal. He orally informed the Inquiry Officer about this order. Special Public Prosecutor and District Public Prosecution Officer have been authorized to guide the sensational offences. There is no provision for sensational cases in the penal process. After hearing both the sides, the court has sought information from the DGP on nine points.
Affidavit will have to be given on these points
Is it legal or illegal to withhold the charge sheet by the District Prosecuting Officer till the permission of the Inspector General of Police (Crime Investigation Wing) is obtained.
The circular issued on February 2, 2012 is bigger than the CrPC.
Aren’t all crimes heinous?
How do you define heinous and heinous?
Whether the prosecutor makes extra effort in the trial of heinous and sensational cases or not.
Whether the prosecution works at a sluggish pace except in the sensational cases.
Whether any crime is a crime against the society or not.
Posted By: anil.tomar