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Haji Vakil Khan vs State Of Rajasthan And Ors

Rajasthan High Court · Decided on 8 January 2021 · Citation: (2021) 01 RAJ CK 0277

HON’BLE JUDGES
Satish Kumar Sharma, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 482 Indian Penal Code, 1860 — Section 120B, 405, 406, 409, 420
CASE NUMBER
Criminal Miscellaneous (Petition) No. 7957 Of 2019
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Judgment

17 paragraphs · 331 words
1.

This 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. 451/2020 registered at Police Station Kho-Nagoriyan, District Jaipur for the offences under Sections 420, 405, 406, 409 & 120-B IPC.

2.

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

3.

Learned counsel for the petitioner submits that complainant- petitioner lodged FIR on 17.07.2019 and in the investigation conducted by the three

different Investigating Officers, offences under Sections 420, 405, 406, 409 & 120-B IPC were found proved against the accused but they have not

been arrested till date. No effective investigation is being conducted under the influence of accused persons. Therefore, appropriate directions should

be issued to conduct fair and effective investigation in a time bound manner.

4.

Learned Public Prosecutor submits for appropriate directions.

5.

Heard. Considered.

6.

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.

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 concluded expeditiously preferably within three months.

8.

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

9.

Application for taking status report of investigation on record and for early listing stands disposed of.