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Rajasthan High Court - Jaipur

Yogesh Yadav S/O Shri Satveer Singh ... vs State Of Rajasthan Through P.P on 31 August, 2018

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

              S.B. Cr. Misc. Application No. 494/2018

                                    in

                 S.B. Cr. Misc. Petition No. 4568/2018

Yogesh Yadav S/o Shri Satveer Singh Yadav, aged 25 years, R/o
Meeraka, Kishangarhbas, Distt. Alwar.
                                                          ----Petitioner
                                 Versus
1.      State of Rajasthan Through PP
2.      Director General of Police, Rajasthan, Head Quarter,
        Lalkothi, Jaipur
3.      Superintendent of Polic, Alwar.
4.      S.H.O., Police Station Kishangarhbas, Distt. Alwar.
                                                    ----Respondents


For Applicant-             :   Mr. Govind Sharma for Mr. Pradeep
Petitioner(s)                  Malik
For Respondent(s)          :   Mr. Prakash Thakuriya PP



     HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

                               -/Order/-

31/08/2018

S.B. Cr. Misc. Application No. 494/2018:-

1.         After hearing the learned counsel for the parties, the

application [SBCRLMA No.494/2018] is allowed and S.B. Cr. Misc.

Petition No. 4568/2018 is restored to its original number.

S.B. Cr. Misc. Petition No. 4568/2018:-

2.         With the consent of the learned counsel for the parties,

SB Cr. Misc. Petition No. 4568/2018 is taken on Board for disposal.

3.         The instant petition has been filed under Section 482

Cr.P.C. praying that a direction be issued to the respondents to
                                                                      (2 of 2)               [CRLMA-494/2018]



                                   conduct fair, proper, impartial and expeditious investigation in case

                                   arising out of FIR No. 248/2018, registered at P.S. Kishangarhbas,

                                   District Alwar for the offence under Section 302 IPC.

                                   4.         Mr. Govind Sharma on behalf of Mr. Pradeep Malik,

                                   counsel for the petitioner has stated at Bar that till today

                                   investigation is pending and no report of investigation has been

                                   filed in any court.

                                   5.         The learned Public Prosecutor for the State, to allay the

                                   apprehension of the petitioner, at the outset, has submitted that

                                   not only fair investigation shall be conducted by a gazetted police

                                   officer not below the rank of Additional Superintendent of Police,

                                   but the report of the investigation along with the opinion of the

                                   Investigating Officer shall be submitted in the concerned Court

                                   within a period of two months from the date of receipt of certified

                                   copy of this order by the Investigating Officer.

                                   6.         The   learned   counsel    appearing    for   the   petitioner

                                   submitted that the present petition be disposed of in terms of the

                                   statement made by the learned Public Prosecutor for the State.

7. Ordered accordingly.

8. A copy of this order under the seal and signature of the Court Master be handed over to the learned Public Prosecutor for onward transmission and necessary compliance.

(KANWALJIT SINGH AHLUWALIA),J Mak/-

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