Rajasthan High Court – Jaipur
Dr. Arun Kumar Nahar S/O Late Shri … vs State Of Rajasthan (2025:Rj-Jp:20096) on 13 May, 2025
Author: Sameer Jain
Bench: Sameer Jain
[2025:RJ-JP:20096]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 2412/2025
Dr. Arun Kumar Nahar S/o Late Shri Rikhabchandji Nahar, Aged
About 54 Years, Deputy Director, Government General Hospital
Nasirabad, Resident Of House No. -2694, Shobharam Mohalla,
Nasirabad (Ajmer) Mobile No. 9460895157, 7014492145
----Petitioner
Versus
1. State Of Rajasthan, Through P.p.
2. Mohammad Imran S/o Iqbal, Aged About 24 Years, R/o
Mukeri Mohalla, Palsaniya Road, Nasirabad (Patient)
3. Taj Bano Wife Of Iqbal, R/o Mukeri Mohalla, Nasirabad
(Patients Mother)
4. Munna, R/o Mukeri Mohalla, Nasirabad (Relative)
5. Umar Farooq, R/o Mukeri Mohalla, Nasirabad,
6. Jahangir Mirza Alias Babu, R/o Mukeri Mohalla, Nasirabad
(Relative)
7. Yusuf Mirza, R/o Opposite Prakash Ration Wala, Palsaniya
Road, Nasirabad (Relative) And Others Persons Present In
The Cctv Footage.
8. Piyush Jindal S/o Dinesh Jindal, C/o Anu General Store,
Opposite Suraj Jis Shop, Sadar Bazar, Nasirabad
(Journalist - Dainik Adhunik Rajasthan)
9. Jitendra Balot, R/o Jat Mohalla, Near Netaji School,
Nasirabad (Journalist A-1 Tv)
10. Rajesh Chauhan S/o Ugaram Chauhan, R/o Housing
Board Colony, Nasirabad (Journalist - Dainik Maru Prahar)
11. Ravi Chawla, R/o Khatik Mohalla, Nasirabad (Journalist -
Digital Bhaskar Magazine)
12. Rajesh Sharma, R/o Nasirabad (Journalist - Satyamev
News)
13. Hemant Prajapati S/o Devkilal Kumhar, R/o Kumhar
Mohalla, Nasirabad (Member - Journalist Association,
Nasirabad)
14. Amit Chowkdiwal, C/o Chowkdiwal Matching Center,
Ramlila Chowk, Nasirabad (Member - Journalist
Association, Nasirabad)
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15. Shailendra Goyal, R/o Shobharam Mohalla, Nasirabad
(Journalist - Daily - Navjyoti)
16. Sudhir Mittal, R/o Rajnarayan Road, Nasirabad (Journalist
- Dainik Bhaskar)
17. Bhawani, R/o Nasirabad (Journalist - Rajasthan Patrika)
18. Dr. Kailash Rawat, Physician, Govt. General Hospital,
Nasirabad.
19. Dr. Vibha V.b., Trainee Resident Doctor, Medicine
Department, Jln Hospital, Ajmer
20. Dr. Vijay Kapoor S/o Kishan Lal Kapoor, Chief Medical
Officer And Incharge, Govt. General Hospital, Nasirabad,
R/o Of Kalabagh, Near Jln Hospital, Ajmer
21. Shakeel, Nursing Incharge, Govt. General Hospital,
Nasirabad, R/o Godam Mandi, Nasirabad.
22. Sajjan Chaudhary, Male Nurse, Govt. General Hospital,
Nasirabad, R/o Sarana
23. Mehtab, Male Nurse, Govt. General Hospital Nasirabad,
R/o Nasirabad
24. Rahul Patharia, Male Nurse, Govt. General Hospital,
Nasirabad, R/o Lodha Mohalla, Nasirabad.
25. Dr. Anju Pingolia, The Then Chief Medical And Health
Officer, Near Jawahar Rangmanch, Ajmer
26. Dr. Indrajit Singh, The Then Joint Director, Medical And
Health Services, Near Jawahar Rangmanch, Ajmer
27. Dr. Archana Garg, Principal Chief Medical Officer, Govt.
General Hospital, Nasirabad (Chairman, Inquiry
Committee)
28. Dr. Durgadeep Makkar, Principal Chief Medical Officer,
Govt. General Hospital, Nasirabad (Member, Inquiry
Committee)
29. Dr. Praveen Panwar, Deputy Director, Govt. General
Hospital, Nasirabad (Member, Inquiry Committee)
30. Smt. Kalpana Rathore, The Then Sho, City Police Station,
Nasirabad
31. Chimman Lal Meena, The Then Sub-Inspector And
Investigation Officer, Police Station City Nasirabad
32. Ghanshyam Meena, Present Sho, City Police Station
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Nasirabad
33. Sukhbir, Reader, Police Station City, Nasirabad
34. Vijay Kumar Sankhla, Deputy Superintendent Of Police,
Circle Nasirabad, Dilwara Bypass, Nasirabad
35. Champalal, Head Constable No. 477, Police Station City
Nasirabad
36. Jagdish Prasad, Sub Inspector, Police Station City,
Nasirabad, Mobile No. 9414479063
37. Arjun Kumar, Sub Inspector, Police Station City,
Nasirabad, Mobile No. 9024438788
38. Varesh Bhardwaj, C/p Ritesh Enterprises, Chowkdi
Mohalla, Kali Mai Road, Nasirabad.
----Respondents
For Petitioner(s) : Mr. Devanshu Sharma with
Ms. Vishakha Pareek
For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP
Mr. Tapesh Agarwal, PP
HON'BLE MR. JUSTICE SAMEER JAIN
Order
13/05/2025
The present petition has been filed assailing the order dated
03.04.2025 (Annexure-4), whereby, application filed by the
petitioner qua negligence committed by the investigating officer in
the investigation and that investigation be conducted in a fair
manner within a period of one month by transferring the matter to
CBI and other independent investigating agency has been
dismissed.
Learned counsel for the petitioner has submitted that the
petitioner has filed an application before the concerned Court for
providing CD, Pen Drive, photocopies and email copy presented
with the investigation report has been rejected stating that the
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petitioner herein has not mentioned any relevant case law in
support of the said application (Annexure-4).
Further, learned counsel for the petitioner has submitted that
as per the provision of Section 207 of CrPC pari materia to the
provision of Section 230 of BNSS, Magistrate is bound to supply a
copy of police report and other documents, in the interest of
justice.
Furthermore, learned Trial Court has not specified any
reasonable justification for rejecting the said application of the
petitioner.
Learned Public Prosecutor is unable to refute the contention
of the learned counsel for the petitioner.
Considering the foregoing facts and circumstances of the
case, this Court directs the concerned Magistrate to comply with
the provisions of Section 207 of CrPC/ 230 of BNSS and supply the
documents as prayed by the petitioner herein, within a period of
four weeks from the date of passing of this order. Relevant
provision is reiterated herein below:-
“230. Supply to accused of copy of police report and
other documents.
In any case where the proceeding has been instituted on a
police report, the Magistrate shall without delay, and in no
case beyond fourteen days from the date of production or
appearance of the accused, furnish to the accused and the
victim (if represented by an advocate) free of cost, a copy of
each of the following:-(i) the police report;(ii) the first
information report recorded under section 173;(iii) the
statements recorded under sub-section (3) of section 180 of
all persons whom the prosecution proposes to examine as its
witnesses, excluding therefrom any part in regard to which a
request for such exclusion has been made by the police
officer under sub-section (7) of section 193;(iv) the
confessions and statements, if any, recorded under section
183;(v) any other document or relevant extract thereof
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[2025:RJ-JP:20096] (5 of 5) [CRLMP-2412/2025]sub-section (6) of section 193:Provided that the Magistrate
may, after perusing any such part of a statement as is
referred to in clause (iii) and considering the reasons given
by the police officer for the request, direct that a copy of
that part of the statement or of such portion thereof as the
Magistrate thinks proper, shall be furnished to the
accused:Provided further that if the Magistrate is satisfied
that any such document is voluminous, he shall, instead of
furnishing the accused and the victim (if represented by an
advocate) with a copy thereof, may furnish the copies
through electronic means or direct that he will only be
allowed to inspect it either personally or through an
advocate in Court: Provided also that supply of documents in
electronic form shall be considered as duly furnished.”
Accordingly, the present petition is allowed. Impugned order
dated 03.04.2025 (Annexure-4) is hereby quashed and set aside.
Petitioner is at liberty to take appropriate action, if required,
in accordance with law.
Pending applications, if any, shall stand disposed of.
(SAMEER JAIN),J
JKP/37
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