Rajasthan High Court - Jaipur
Gopal Lal Yadav S/O Mangal Ram vs State Of Rajasthan on 18 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. 5814/2020
Gopal Lal Yadav S/o Mangal Ram, R/o Ahiro Ki Dhani Sirsi
Bhankrota Jaipur (South) Rajasthan
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Commissioner Of Police, Jaipur City
3. Superintendent Of Police, District Jaipur Metropolitan
----Respondents
For Petitioner(s) : Mr. Sanjay Yadav For Respondent(s) : Mr. Ganesh Saini, PP
HON'BLE MR. JUSTICE SATISH KUMAR SHARMA Order 18/01/2021
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. 0271/2020 registered at Police Station Bhankrota, District Jaipur (South) for the offences under Sections 406, 420, 467, 468, 471 & 120-B IPC.
2. Heard learned counsel for both the sides and perused the material made available on record.
3. Learned counsel for the petitioner submits that despite repeated request/ representation to the concerned Police officers, no fair and impartial investigation is being conducted in the matter, therefore appropriate directions should be issued to conduct fair and effective investigation in a time bound manner.
4. Learned Public Prosecutor submits for appropriate directions. (Downloaded on 18/01/2021 at 10:21:36 PM)
(2 of 2) [CRLMP-5814/2020]
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, but without expressing any opinion on merits, the petition is disposed of with the direction to the concerned Superintendent of Police to ensure that investigation in this matter be conducted strictly in accordance with law in fair, impartial and effective manner, and the same be concluded expeditiously preferably within three months.
8. A copy of this order under seal and sign of the Court Master be provided to Public Prosecutor for further transmission and compliance.
(SATISH KUMAR SHARMA),J FAHEEM AHMAD /20 (Downloaded on 18/01/2021 at 10:21:36 PM) Powered by TCPDF (www.tcpdf.org)