Dr. Arun Kumar Nahar S/o Late Shri Rikhabchandji Nahar, Aged v. State Of Rajasthan, Through P.p

Judgment

2. Versus State Of Rajasthan, Through P.p. 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

6. (Patients Mother) Munna, R/o Mukeri Mohalla, Nasirabad (Relative) Umar Farooq, R/o Mukeri Mohalla, Nasirabad, 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) [2025:RJ-JP:20096] (2 of 5) [CRLMP-2412/2025]

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)

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 [2025:RJ-JP:20096] (3 of 5) [CRLMP-2412/2025] 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 [2025:RJ-JP:20096] (4 of 5) [CRLMP-2412/2025] 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 forwarded to the Magistrate with the police report under [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. JKP/37 (SAMEER JAIN),J