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ANOOP SINGH v. THE STATE OF RAJASTHAN

Supreme Court of India | Diary 2059/2024

Status

Order

Decided On

2024-12-18

Bench

HON'BLE MR. JUSTICE MANMOHAN, HON'BLE MR. JUSTICE ABHAY S. OKA

Petitioner

ANOOP SINGH

Respondent

THE STATE OF RAJASTHAN

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.______/2024 [@ SPECIAL LEAVE PETITION (Criminal) No.2436/2024

ANOOP SINGH Appellant(s)

VERSUS

THE STATE OF RAJASTHAN & ANR. Respondent(s)

O R D E R

Leave granted.

The facts of the case are very peculiar. The First

Information Report for the offences punishable under

Sections 131, 132(3), 135 and 135A of the Representation of

People Act, 1951 and Section 171F of Indian Penal Code,

1860 (for short, ‘the IPC’) was registered. A report under

Section 173(2) of the Code of criminal Procedure, 1973 (For

short, ‘the Cr.P.C’) was submitted on 25th June, 1999 in

which it was stated that there was no material to show

involvement of the present appellant in the crime and the

other accused could not be ascertained during the

investigation. Perhaps on the basis of this report that on

the application made by the appellant, the learned

Additional Chief Judicial Magistrate, Alwar passed an order

1

of discharge against the appellant.

Surprisingly, the Additional Superintendent of Police

reopened the investigation. What followed thereafter is

very interesting. Another final report was filed on 2nd

June, 2003 in which the appellant was shown as an accused.

The cognizance was taken on the basis of the said final

report/charge-sheet. The occasion for the appellant to

move the Hig...

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