Rajasthan High Court - Jaipur
Prem Prakash Bidyasar And Anr vs State Of Rajasthan And Ors on 22 January, 2019
Author: Pankaj Bhandari
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Writ No. 333/2017
1. Prem Prakash Bidyasar S/o Shri Gyanendra Singh B/c Jat,
R/o B-2/444, Chitrakut Scheme, Jaipur.
2. Mayank Bidyasar S/o Prem Prakash Bidyasar B/c Jat, R/o
B-2/444, Chitrakut Scheme, Jaipur.
----Petitioners
Versus
1. State Of Rajasthan Through Principal Secretary,
Department Of Home, Raj., Jaipur.
2. Shri Anil Kumar Jain, O.s.d., To Minister Of Home And
Law, Home Guard And Civil Defence, Jail, N.D.R.F. Govt.
of Rajasthan, Jaipur.
3. Shri Ajit Amwala S/o Shri Gumanaram Amwala, R/o 251-
B, Saraswati Nagar, Jodhpur.
4. Pratap Ram Amwala S/o Shri Laduram Amwala, R/o
Amwalon Ki Dhani, Borawal, District Nagaur, Raj.
----Respondents
For Petitioner(s) : Mr. Biri Singh Sinsinwar Sr. Adv. With Mr. Jaswant Singh Rathore For State : Mr. Sudesh Saini, PP For Complainant(s) : Mr. Pratap Singh Sirohi HON'BLE MR. JUSTICE PANKAJ BHANDARI Judgment / Order 22/01/2019
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 (2 of 3) [CRLW-333/2017] Officer on special duty has passed an order for re-sending the file from CID(CB) to the Police Commissionerate, Jodhpur.
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 re- transferring 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.
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 re- transfer 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 (3 of 3) [CRLW-333/2017] 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.
(PANKAJ BHANDARI),J.
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