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Rajasthan High Court - Jaipur

Suresh Kumar Son Of Shri Sohan Lal vs State Of Rajasthan on 25 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. 543/2021

Suresh Kumar Son of Shri Sohan Lal, Aged About 30 Years,
Resident Of Abhawas, Ward No.10, Tehsil Shri Madhopur, District
Sikar (Raj)
                                                                    ----Petitioner
                                    Versus
1.      State Of Rajasthan, Through Public Prosecutor.

2. Director General Of Police, Police Headquarter, Jaipur (Raj)

3. Superintendent of Police, Sikar, (Raj)

4. S.H.O. Of Police Station Ringus, District Sikar (Raj)

----Respondents For Petitioner(s) : Mr. Ritesh Jain For Respondent(s) : Mr. Arvind Bhadu, PP HON'BLE MR. JUSTICE SATISH KUMAR SHARMA Order 25/01/2021

1. This Petition has been filed under Section 482 Cr.P.C. seeking fair and impartial investigation in FIR No.0289/2020 registered at Police Station Ringus District Sikar for offences under Sections 420, 467, 468, 471, 406, and 120B IPC.

2. Heard learned counsel for both the sides and perused the material available on record.

3. Learned counsel for the petitioner submits that till date no effective steps have been taken by the Investigating Officer under the influence of accused persons, despite repeated requests and representations. Therefore, appropriate directions should be issued for fair and effective investigation in a time bound manner. (Downloaded on 25/01/2021 at 10:28:51 PM)

(2 of 2) [CRLMP-543/2021]

4. Learned Public Prosecutor submits for appropriate directions.

5. Heard. Considered.

6. It is well settled legal position 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 completed preferably within three months.

8. A copy of this order under seal and sign of the Court Master be provided to Public Prosecutor to transmit the same for further transmission and compliance.

(SATISH KUMAR SHARMA),J Arun/14 (Downloaded on 25/01/2021 at 10:28:51 PM) Powered by TCPDF (www.tcpdf.org)