Rajasthan High Court - Jodhpur
Prem Prakash Bidyasar And Anr vs State And Anr on 13 March, 2019
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4397/2017
1. Prem Prakash Bidyasar S/o Sh. Gyanendra Singh,
Director- Regal Mines And Amp, Minerals Pvt. Ltd., Jaipur,
R/o B- 2/444, Chitrakoot, Vaishali Nagar, Jaipur.
2. Mayank Bidyasar S/o Sh. Prem Prakash Bidyasar,
Director- Regal Mines And Amp, Minerals Pvt. Ltd., Jaipur,
R/o B- 2/444, Chitrakoot, Vaishali Nagar, Jaipur.
----Petitioners
Versus
1. The State Of Rajasthan
2. Sh. Pratap Ram Anwala S/o Late Sh. Ladu Ram Anwala,
R/o Anwalon Ki Dhani, Village Borawar, Teh. Makrana,
District Nagaur, Rajasthan Raj.
----Respondents
Connected With
S.B. Criminal Misc(Pet.) No. 4401/2017
Prem Prakash Bidyasar S/o Gyanendra Singh, By Caste Jat, R/o
Village Ransisar, Tehsil Deedwana District Nagaur.
----Petitioner
Versus
1. The State Of Rajasthan
2. Azit Aanvala S/o Gumana Ram Anwarla, By Caste Jat, R/o
Area Road, Anwala Ki Dhani, Borawar, P.s. Makrana,
Nagaur Raj.. Presently, Residing At 251-B, Saraswati
Nagar, Basni, Jodhpur.
----Respondents
For Petitioner(s) : Mr. Jagmal Singh Choudhary, Sr. Adv.
assisted by Mr. R.S. Choudhary
For Respondent(s) : Mr. M.A. Bhurat, PP
Mr. G.R. Punia, Sr. Adv. assisted by
Mr. Rajesh Punia
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 13/03/2019 (2 of 4) [CRLMP-4397/2017]
1. At the outset, learned counsel for the parties have shown the order passed by a coordinate Bench of this Hon'ble Court at Jaipur Bench in Prem Prakash Bidyasar & Anr. Vs. State of Rajasthan & Ors. (S.B. Criminal Writ No.333/2017) decided on 22.01.2019, which reads as under:
"1. Petitioners have preferred this Criminal Writ Petition seeking quashing of order of transfer of investigation in four F.I.R. from CID(CB), Jaipur to the Police Commissionerate, Jodhpur.
2. It is contended by counsel for the petitioners that initially at the behest of the accused-petitioners the case was transferred from the Police to CID(CB) in the year 2015 on 09.09.2015 now Officer on special duty has passed an order for re-sending the file from CID(CB) to the Police Commissionerate, Jodhpur.
3. 3. It is contended that once a matter is transferred to CID(CB), Jaipur, Officer on special duty had no Authority to re-transfer the case from CID(CB), Jaipur to Police Commissionerate, Jodhpur. In support of this argument, counsel for the petitioner has placed reliance on "Pushpa Vs. State of Rajasthan & Ors." (S.B. Criminal Miscellaneous (Petition) No.3924/2018).
4. Learned counsel appearing for the complainant has opposed the Criminal Writ Petition. His contention is that after transfer of matter to CID(CB) in the year 2015, CID(CB) has not concluded the investigation and since the matter was pending for more than two years, complainant approached the Government for retransferring the case from CID(CB) and consequently order was passed which has been passed to expedite the investigation of the case.
5. Learned Public Prosecutor appearing for the State has produced the Circular dated 06.01.2019, issued by the Home Department, wherein it is mentioned that once investigation is transferred to CID(CB) the same cannot be investigated by the local Police.
6. I have considered the contentions.
(3 of 4) [CRLMP-4397/2017]
7. In view of the fact that matter was transferred to CID(CB) for investigation and the same is pending before the CID(CB) there was no justification for the Officer on special duty to retransfer the matter from CID(CB), Jaipur to the local Police also taking note of the fact that Government itself has issued a circular that once a case is transferred to CID(CB) it should not be transferred to local Police, I deem it proper to dispose of the Criminal Writ Petition.
8. The present Criminal Writ Petition is accordingly disposed of. Orders passed by the Officer on special duty to re-transfer the case from CID(CB) to local Police is quashed and set-aside. However, taking note of the fact that matter is pending investigation with CID(CB) for last two years and petitioner himself has made a prayer in the Criminal Writ Petition that CID(CB) be directed to conclude the investigation, I deem it proper to direct the CID(CB) to conclude the investigation at the earliest.
9. The investigation done by the local Police during the intervening period will not prejudice CID(CB) in their investigation."
2. Learned counsel for the petitioners submits that in accordance with the aforesaid order, the petitioners are prepared to cooperate with the investigating authority of CID (CB), Jaipur.
3. Learned Public Prosecutor assures the Court that if the petitioners cooperate with the investigation and submit all the necessary documents required for the investigation, then the same shall be duly considered by the respondents. The investigation shall be completed strictly in accordance with law.
4. In light of such assurance, the present petitions are disposed of with the direction to the respondents to comply with the order passed by a coordinate Bench of this Hon'ble Court at Jaipur Bench. In case, at any juncture, the concerned investigating authority needs to arrest the petitioners, then the (4 of 4) [CRLMP-4397/2017] petitioners shall be given 15 days' notice before making such arrest. The petitioners shall be at liberty to approach this Court again, in case need arises. However, the petitioners shall be required to cooperate with the investigation.
(DR. PUSHPENDRA SINGH BHATI),J 144-Zeeshan/-
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