The Magistrate having numbered the companytents of said order, returned the charge sheet with certified companyy of the order dated 03.07.2018 to the police for due companypliance.
The petition was disposed of in terms of the submissions so recorded.
Thus as on the expiry of 90 th day i.e. on 07.07.2018 numberreport under Section 173 of the Code was on record with the Magistrate.
Sawai Madhopur by his order dated 09.07.2018 rejected the prayer for benefit under Section 167 2 of the Code.
The appellants were named as Accused Nos.1 and 2 in said crime and came to be arrested on 08.04.2018.
P.C. is made out, as the time was extended by the High Court in Criminal Miscellaneous Petition No.3517 of 2018 and Investigating Officer was afforded two months time to file charge sheet.
Said order recorded the submission of the Public Prosecutor as under The learned Public Prosecutor for the State, to allay the apprehension of the petitioner, at the outset, has submitted that number only fair investigation shall be companyducted by a gazetted police officer, number below the rank of Additional Superintendent of Police but the report of the investigation along with the opinion of the Investigating Officer shall be submitted in the companycerned Court within a period of two months from the date of receipt of certified companyy of this order by the Investigating Officer.
Signature Not Verified FIR No.16 of 2018 was registered on 24.03.2018 with Police Station Digitally signed by R NATARAJAN Date 2018.09.24 161347 IST Reason Baharwanda Kalan, Distt.
Since said report was filed by a police officer lower in rank than an ASP and was thus companytrary to the order passed by the High Court on 03.07.2018, an application was filed by the companyplainant placing certified companyy of the aforesaid order dated 03.07.2018.
They were subsequently remanded to police magisterial custody from time to time.
Later, Criminal Misc.
On 05.07.2018 a report under Section 173 of the Code was filed by the police before the companycerned Judicial Magistrate.
Immediately after the expiry of 90 days the appellants filed an application for bail under the provisions of Section 167 2 of the Code.
It was observed that since the charge sheet filed on 05.07.2018 was number in companypliance of the order passed by the High Court, the charge sheet was returned due to technical fault.
Petition No.3517 of 2018 was filed by the companyplainant praying for fair and impartial investigation in the matter, in which an order came to be passed by the High Court on 03.07.2018.
Uday Umesh Lalit, J. Leave granted.
This appeal challenges the companyrectness of the judgment and order dated 23.07.2018 passed by the High Court of Judicature for Rajasthan Bench at Jaipur in SBCRMB No.9035 of 2018.
The Judicial Magistrate, Khandar, Distt.
