In a significant development in the high-profile Kamlesh Prajapati encounter case from Barmer, the Jodhpur Metropolitan Sessions Court on Thursday overturned the trial court's order, providing relief to 24 police officers, including IPS officer Anand Sharma.
Court's Observations
The court noted that the trial court had taken cognizance of murder charges against the police personnel while ignoring CCTV footage, Forensic Science Laboratory (FSL) reports, and other scientific evidence. Contrary to the trial court's findings, the Sessions Court held that Kamlesh Prajapati had attempted to run over police team members while trying to escape, and the police firing was an act of self-defense aimed at saving a head constable's life. Therefore, the court ruled that the incident could not be categorized as a fake encounter.
Case Background
The encounter occurred on April 22, 2021, within the jurisdiction of Sadar Police Station, Barmer. Following the incident, widespread political and social protests demanded an independent investigation. At the request of then Pachpadra MLA Madan Prajapat and the Prajapat community, the state government handed over the investigation to the Central Bureau of Investigation (CBI) on May 31, 2021. Subsequently, then CBI Superintendent of Police M.S. Khan registered an FIR at Barmer Sadar Police Station on July 5, 2021, and initiated the investigation.
A day after the encounter, on April 23, 2021, then Deputy Superintendent of Police Pushpendra Aadha filed a report stating that a police team had reached a house behind St. Paul School to apprehend Kamlesh Prajapati. During the operation, Kamlesh allegedly broke through an iron gate with his Isuzu SUV and attempted to run over police personnel while fleeing. In response, police commandos opened fire, resulting in his death. CCTV footage of the incident surfaced during the investigation.
Recovery of Assets
Following the encounter, a search operation conducted in the presence of an Executive Magistrate recovered cash worth ₹59.69 lakh, 11 luxury vehicles, five illegal pistols, nine magazines, 121 live cartridges, 2.36 kilograms of opium latex, 1.715 kilograms of poppy husk, 13 mobile phones, four dongles, and an ATM card.
CBI Investigation and Closure Report
After an extensive investigation and reconstruction of the firing scene, the CBI submitted a negative closure report, stating that available evidence was insufficient to establish that Kamlesh Prajapati was killed in a fake encounter. The CBI rejected allegations by the deceased's family and concluded that police action appeared justified.
Challenging the closure report, Kamlesh's wife Jasoda filed a petition on March 28, 2023. Her counsel, Arjun Singh Rathore, alleged that the encounter was staged, Kamlesh's name was falsely linked, the investigation was biased, and even then Revenue Minister Harish Choudhary was not questioned. It was also claimed that CCTV footage from the residence had been deliberately deleted.
Trial Court's Order and Revision Petition
Hearing the petition, the ACJM (CBI) Court on April 16, 2025, rejected the CBI's closure report and ordered cognizance against 24 police officers, including IPS officer Anand Sharma, Kaluram Rawat, RPS officer Rajat Vishnoi, and Pushpendra Aadha, on charges of murder and criminal conspiracy. Aggrieved, IPS officer Anand Sharma and other accused policemen filed a revision petition before Sessions Judge Dinesh Tyagi in Jodhpur Metropolitan Court.
Sessions Court Verdict
During proceedings, the court conducted a detailed examination of CCTV footage, FSL reports, scientific evidence, and other documents. The Sessions Court observed that Kamlesh Prajapati broke a heavy iron gate while attempting to escape and drove his vehicle toward the police team. Head Constable Meharam was reportedly trapped beneath the vehicle's tyre. The court concluded that police personnel had no option but to take immediate action. Commando Dinesh fired at the vehicle's tyres and toward Kamlesh's legs to stop the vehicle and save Head Constable Meharam's life. Based on evidence, the court ruled that the encounter was not fake and police action was in self-defense. Accordingly, the court quashed the trial court's order and granted relief to all 24 officers.
