Rajasthan High Court Asks Barmer SP, SHO: Why Not Initiate Criminal Prosecution for Fabricating Case and False Evidence?

Jodhpur: In a significant development, the Rajasthan High Court, Jodhpur bench, on January 8, criticized the Barmer police for allegedly fabricating a false case against Shailendra Singh, a resident of Barmer district, despite his alleged involvement in prior criminal activities. The court remarked that even individuals with a criminal history cannot be subjected to fabricated charges by public officers.

The case stems from an FIR alleging that Shailendra Singh attempted to ram his car into the vehicle of the Superintendent of Police (SP), Barmer. However, during the hearing, the court examined color photographs and video footage presented in open court, which conclusively showed no evidence of a collision or damage to the vehicles involved.

The court observed, "Prima facie, it appears that false evidence has been fabricated to prosecute and persecute the petitioner."

Citing sections of the Indian Penal Code (IPC), the court noted that filing a false FIR constitutes an offense under Section 182, and Sections 193 and 211 could also be applicable in this case. The court further directed the then Superintendent of Police, Barmer, and the Station House Officer (SHO) of Police Station Kotwali, to submit an affidavit explaining the circumstances of the case and why criminal proceedings should not be initiated against them.

The court emphasized that law enforcement officers are not above the law, stating, " it would be apt to mention that the petitioner has been a person of gray shade and probably his indulgence in criminal activities could have been evident on prior occasions but this Court is of the opinion that even in such situations, public officers are not permitted to fabricate cases or prepare false evidences. They cannot be allowed to take the law in hands and to play with it as an instrument for personal gain."

Key Observations by the Court

• Evidence presented, including photographs and video footage, disproved allegations of a collision.

• Fabricating a false case undermines the principles of justice and accountability for public officers.

• An explanation has been sought from the Barmer SP and SHO regarding their actions, with instructions for their personal presence at the next hearing.

The court has listed the matter for further hearing on January 28. In the meantime, proceedings related to FIR No. 175/2024, registered at Police Station Kotwali, Barmer, have been stayed. The court has also directed that copies of the video footage presented in court be preserved for the record.