Rajasthan High Court - Jodhpur
Kusum Kanwar vs State & Ors on 5 December, 2017
Author: Sandeep Mehta
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 3696 / 2017
Kusum Kanwar W/o Sh. Bhawani Singh Tanwar, R/o 37, Laxman
Nagar- A, Nandari, Jodhpur.
----Petitioner
Versus
1. State of Rajasthan
2. The Director General of Police, Rajasthan, Jaipur.
3. The Additional Director General of Police, CID (CB), Jaipur,
Rajasthan.
4. The Superintendent of Police, CID (CB), Headquarters, Jaipur,
Rajasthan.
5. The Commissioner of Police, Jodhpur.
6. The Circle Inspector, Police Station Banar, Jodhpur East,
Jodhpur.
----Respondents
_____________________________________________________
For Petitioner(s) : Mr.Dhirendra Singh.
For Respondent(s) : Mr.M.S.Panwar, P.P., Mr.Jogendra Singh, I.O.
_____________________________________________________
HON'BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order 05/12/2017 The instant misc. petition has been preferred by the petitioner complainant seeking a direction for fair investigation of the F.I.R. No.30/2015 registered at the P.S. Banar, District Jodhpur for the offences under Sections 420, 467, 468, 471 and 120B I.P.C.
Upon hearing the arguments advanced by Shri Dhirendra Singh learned counsel representing the petitioner complainant and learned Public Prosecutor assisted by the Investigating Officer and (2 of 2) [CRLMP-3696/2017] after perusing the factual report as well as the case diary, it is apparent that the Investigating Officer had concluded investigation way-back in the year 2016 itself with the conclusion that the offences are proved against the accused Smt.Ladu Kanwar and others. There is a clear allegation of the prosecution that Ladu Kanwar used a forged educational certificate to contest the elections of Sarpanch. After this finding was received, the accused appears to have managed to get the investigation transferred to the CID-CB with the above motive to get the proceedings stifled.
In this background, while exercising the inherent powers of this Court, it is hereby directed that the case diary shall be forthwith returned by the CID (CB) to the regular Investigating Officer i.e. the S.H.O. P.S. Banad, who shall conclude the investigation within a period of 15 days from today and file the result thereof in the court concerned as per law.
The instant misc. petition is allowed in these terms. Stay petition is dismissed.
(SANDEEP MEHTA),J.
/tarun goyal/