Rajasthan High Court - Jaipur
Fali Ram Meena S/O Shri Jutharam vs State Of Rajasthan on 6 January, 2021
Author: Satish Kumar Sharma
Bench: Satish Kumar Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 6237/2020
Fali Ram Meena S/o Shri Jutharam, Aged About 50 Years, R/o
Bawadi Wali Dhani Khatipur Kho Nagoriyan, Jaipur.
----Petitioner
Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. The Director General Of Police, Rajasthan, Police Headquarter, Lalkothi, Jaipur.
3. The Commissioner Of Police, Commissionerate, Jaipur.
4. The Sho, Police Station Khao Nagoriyan, Jaipur City (East)
----Respondents For Petitioner(s) : Mr. SP Poshwal through VC For Respondent(s) : Mr. Ramesh Choudhary, PP Mr. MK Sharma, RPS, ACP Malviya Nagar HON'BLE MR. JUSTICE SATISH KUMAR SHARMA Order 06/01/2021
1. This petition has been filed under Section 482 Cr.P.C for direction to the respondent to investigate the matter in fair and impartial manner of FIR No. 273/2020 registered at Police Station Kho Nagoriyan, Jaipur City (East) for the offences under Section376(D) IPC and Sections 3,4,7,8,9,10 of POCSO Act, 2012.
2. Heard learned counsel for both the sides and perused the material made available on record.
3. Learned counsel for the petitioner submits that the police has not made effective efforts to arrest the accused Ramkesh Meena and Manish Meena. Therefore, appropriate directions should be issued to take effective steps for their arrest. (Downloaded on 06/01/2021 at 09:08:39 PM)
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4. In compliance of order dated 17.12.2020, Mr. Mahendra Kumar Sharma, Investigating Officer is present in person. He has submitted Factual Report in the matter according to which challan has been presented against Sh. Bhagwan Sahai under Section 173 CrPC and also challan under Section 299 CrPC has been presented against Ramkesh Meena and Manish Meena. All endeavours are being made to arrest the remaining accused Ramkesh Meena and Manish Meena and proceedings under Section 82/83 of CrPC shall be undertaken to secure their presence.
5. Heard. Considered.
6. It is well settled legal proposition as expounded in P. Chidambaram Vs. Directorate of Enforcement [(2019) 9 SCC 24] that the investigation is in the domain of the Investigating Officer and the Courts are not supposed to interfere in the investigation, however, it is imperative on his part to conduct the investigation strictly in accordance with law, in fair and impartial manner, without being influenced by any extraneous consideration.
7. Therefore, having regard to the above submissions and keeping in view the material available on record, the petition is disposed of with the direction that all effective steps including proceedings under Section 82/83 CrPC shall be undertaken to ensure expeditious arrest of the remaining accused persons.
8. A copy of this order under seal and sign of the Court Master be provided to Public Prosecutor for further compliance and transmission.
(SATISH KUMAR SHARMA),J RAHUL CHHIKARA /14 (Downloaded on 06/01/2021 at 09:08:39 PM) Powered by TCPDF (www.tcpdf.org)