Rajasthan High Court - Jaipur
Suresh Kumar Son Of Shri Sukha Ram vs State Of Rajasthan on 5 March, 2022
Author: Narendra Singh Dhaddha
Bench: Narendra Singh Dhaddha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 7580/2021
Suresh Kumar Son Of Shri Sukha Ram, Aged About 31 Years,
Resident Of Dhani Jinjhwadiya, Lakhni, Ringus, District Sikar
(Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Public Prosecutor
2. Director General Of Police, Jaipur (Raj.)
3. Superintendent Of Police, Sikar, District Sikar (Raj.)
4. The Station House Officer, Police Station Ringus, District Sikar (Raj.)
----Respondents For Petitioner(s) : Ms. Komal Giri Goswami, Adv. For Respondent(s) : Mr. Chandragupt Chopra, PP HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 05/03/2022
1. Defects are overruled.
2. This petition has been filed under Section 482 Cr.P.C for direction to the respondents to investigate the matter in fair and impartial manner of FIR No.403/2021 registered at Police Station Ringus, District Sikar for the offence under Sections 341, 323 and 307 IPC.
3. Heard learned counsel for both the sides and perused the material made available on record.
4. Learned counsel for the petitioner submits that the complainant lodged FIR on 16.09.2021 but fair and effective investigation is not being conducted under the influence of (Downloaded on 08/03/2022 at 09:16:34 PM) (2 of 2) [CRLMP-7580/2021] accused person(s). Therefore, appropriate directions should be issued to the Investigation Agency to conduct fair and effective investigation in a time bound manner.
5. Learned Public Prosecutor submits for appropriate directions.
6. Heard. Considered.
7. It is well settled legal proposition as expounded in P. Chidambaram Vs. Directorate of Enforcement [(2019) 9SCC 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.
8. 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.
9. Stay application also stands disposed of accordingly.
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