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Judgment
16 paragraphs · 283 wordsThis 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.221/2020 registered at Police Station Kaman, District Bharatpur for the offences under Sections 376-D, & 120-B IPC and Section 3/4 of POCSO
Act.
Heard learned counsel for both the sides and perused the material made available on record.
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.
Learned Public Prosecutor submits for appropriate directions.
Heard. Considered.
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.
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.
A copy of this order under seal and sign of the Court Master be provided to Public Prosecutor for further transmission and compliance.