Rajasthan High Court - Jodhpur
Nijamudeen vs State Of Rajasthan on 16 February, 2015
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
1
S.B. CRIMINAL MISC. PETITION NO.2931/2014
Nijamudeen V/S State of Rajasthan
S.B. CRIMINAL MISC. PETITION NO.2190/2012
Mehabub & Ors. V/S State of Rajasthan & Anr.
S.B. CRIMINAL MISC. PETITION NO.2383/2012
Nijamudeen V/S State of Rajasthan & Anr.
Date of Order : 16.02.2015
HON'BLE MR. JUSTICE VIJAY BISHNOI
Mr Mahesh Bora, Sr. Advocate assisted by Mr Nishant Bora, for petitioners. Mr Vikram Rajpurohit, Public Prosecutor. Mr Rjendra Kumar, Investigating Officer, Police Station, Phalodi, District Jodhpur present in person.
Pursuant to the direction given by this Court on 15.01.2015, the Investigating Officer Mr Rajendra Kumar, Police Station, Phalodi, District Jodhpur is present in person and has informed this Court that the investigation into the allegations levelled in the FIR No.219/2012 of Police Station, Phalodi, District Jodhpur is complete and police is going to file charge- sheet against the accused persons in a very short period. It is informed that in FIR No.199/2012 of Police Station, Phalodi, District Jodhpur also investigation has already been completed and the police is going to file conclusions within a short period. 2
It is noticed that the FIR Nos.219/2012 and 199/2012 of Police Station, Phalodi, District Jodhpur were handed over for investigation to the Additional Superintendent of Police, Phalodi, District Jodhpur, however, later on the investigation was transferred to several officers and ultimately vide order dated 28.02.2013 the investigation of the above mentioned both the FIRs were transferred to CID (CB), Rajasthan, Jaipur.
The petitioners being aggrieved with the transfer of the investigation to the CID (CB), Rajasthan, Jaipur had filed S.B. Criminal Misc. Petition No.861/2013 before this Court and this Court on 08.07.2013 has passed the following orders:-
"The present petition has been filed under Section 482 Cr.P.C. praying that order No.S-9() CRL/Intt/JODHPUR/2013/331 dated 28.02.2013 passed by Superintendent of Police (Investigation), CID (CB), Rajasthan, Jaipur whereby investigation of case No.219/2012 and 199/2012 has been transferred to CID (CB), Jaipur be quashed.
Shri Bora, Senior counsel appearing for petitioner submitted that due to transfer of the investigation, 3 unnecessarily conclusion of the investigation has been delayed. It has been submitted that F.I.R. was lodged in July, 2012 and till today, investigation has not been concluded. Further grievance is made that the investigation was near culmination, when the same has been transferred to CID (CB), Jaipur.
Shri A.R. Nikub appearing for the State has submitted that to allay apprehension of the petitioner, investigation shall be concluded at the earliest.
After hearing counsel for the
parties, the present petition is
disposed of with a direction to the concerned Officer-in-Charge, CID (CB), Jaipur to conclude the investigation within three months from today and thereafter submit report of investigation along with the opinion of the Investigating Officer in the Court of competent jurisdiction."
It is strange that despite the assurance given by the counsel appearing for the State, till date the conclusion has not been filed by the police in the above mentioned FIRs.
Looking to the above facts and circumstances of the case, the last opportunity of six days' time is granted to the Investigating Officer to file conclusions in the 4 above mentioned FIRs before the concerned court.
Put up on 23.02.2015.
[VIJAY BISHNOI],J.
Abhishek 104 to 106