Johari Lal Meena @APPELLANT@Hash State of Rajasthan & Ors

Counsel for the petitioner has contended that son of the petitioner is posted at Delhi in Income Tax Department. It is stated that complainant daughter

in law of the petitioner was residing at Delhi with her husband.

Counsel for the petitioner has contended that petitioner is posted as a teacher in District Dausa and it is submitted that son and daughter in law of the

petitioner, were having a separate residence and mess at Delhi and therefore, petitioner had no occasion to interfere in their domestic affairs.

Counsel for the petitioner further submitted that twice the Investigating Agency has come to conclusion that no offence has been committed by the

petitioner.

It is contended that now the investigation has been assigned to third Investigating Officer. This court in S.B. Criminal Misc. Petition No.1141/2018,

Tara Chand Sharma & Anr. Vs State of Rajasthan & Ors. had passed the following order:-

“The present petition has been filed under Section 482 Cr.P.C. praying that a direction be issued to the respondent nos. 1 to 4 to conduct fair and

impartial investigation in case arising out of FIR No.0161/2017 registered at Police Station Jhotwara, Jaipur (West) for the offences under Sections

420, 467, 468, 471 read with Section 120B IPC. Number of petitions filed under Section 482 Cr.P.C. are listed before this Court. It has been observed

that without passing any detailed speaking order, on drop of hat, or on the whim and fancy of the supervisory officer, in the midst of investigation,

when it has reached at a sensitive stage, investigating officer is changed. Change of the horse midstream is not appreciated. Supervisory officer

ought to give reasons as to why investigating officer is required to be changed. Supervisory officer should examine the case diary and taking note of

the deficiencies in the investigation should give guidance to the investigating officer as to in which direction, investigation ought to move.

In the present case in particular, no such procedure was followed. When accused Tara Chand Sharma approached D.C.P. (West), Jaipur, he

transferred the investigation to SHO, Harmada. Later when complainant approached, D.C.P. (West), Jaipur, he transferred the investigation to

ACP, Jhotwara. Everything should not be done due to the approach made by complainant or accused as it will show the police in poor light, especially

when Jaipur Police with the limited infrastructure is performing a yeoman’s job in the city, which is having numerous cases pertaining to property

dispute.

Property dispute always has a monetary consideration and consequences. Supervisory officer should be careful and cautious while changing the

investigation officer.

It has been noted that number of times, inquiry or investigating officer has been changed. Sometimes when accused has been found guilty, on the

asking of accused investigating officer or inquiry officer has been changed sometimes when a police officer has recommended that Final Report in

negative form be submitted on asking of complainant investigating officer or inquiry officer is changed. Due to change of investigating officer or

inquiry officer not only course of investigation change but result too change sometimes totally opposite to the earlier view. Similarly the next officer

who is assigned investigation or inquiry formulate contrary view. How many time investigation should be conducted, how many times result of

investigation should change, is something on which higher officer i.e. Commissioner of Police should ponder so that trust of the people in the premier

investigating agency is not lost. Again and again if investigating officer or inquiry officer is changed and consequently with the change of officer,

report also changes. This it itself lower the image of the police and cause trust deficiet.

In the above context, this Court had asked Mr. Sanjay Agarwal, Commissioner of Police, Jaipur to remain present in the court.

     Mr. Sanjay Agarwal, Commissioner of Police, Jaipur has stated that until there are compelling reasons, investigating officer shall not be

changed and if the investigating officer is to be changed, a detailed speaking order will be passed giving reasons, pointing out deficiencies in the

investigation and reasons shall be spelt as to why investigating officer ought to be changed. He has also assured this Court that in all pending

investigations, which are more than one year old, report of investigation shall be submitted within two months after conclusion of investigation in the

concerned court of competent jurisdiction from the receipt of certified copy of the order. He has submitted that in case there are compelling reasons,

then only under the orders passed by him, extension of time to conclude the investigation shall be given beyond period of two months pertaining to

cases where investigation is more than one year old. Mr. Sanjay Agarwal, Commissioner of Police, Jaipur has very fairly submitted that investigation

ought to be prompt and swift so that alert police officer is able to gather all evidence.

This court appreciate the statement made by Mr. Sanjay Agarwal, Commissioner of Police, Jaipur. There is no need to say that if investigating officer

is not alert and investigation is not conducted at the earliest, notable leads will be lost and vital pieces of evidence will wither away. Therefore, in

investigation, time is essence. Thus, based on the statement made by Mr. Sanjay Agarwal, Commissioner of Police, Jaipur, this Court issue following

directions:-

(a)Â That no investigating officer shall bechanged until supervisory officer pass a detailed speaking order.

(b)Â That in case supervisory officer come toconclusion that investigating officer is to be changed, in the order to be passed, he shall point out

deficiencies in the investigation and also give guidance to the officer to whom investigation is to be transferred.

(c)Â That in all pending cases in theCommissionerate of Jaipur, where the investigation is one year old, report of investigation shall be filed with the

opinion of the investigating officer in the competent court within two months from receipt of certified copy of this order. In case, same cannot be done,

extension of time to conclude the investigation shall only be granted by Commissioner of Police by passing a reasoned order.

So far as, present case is concerned, Mr. Sanjay Agarwal, Commissioner of Police, Jaipur has assured this Court that he will transfer the investigation

of this case to his office and same shall be conducted by an officer not below the rank of Additional Superintendent of Police. He has assured this

Court that report of investigation along with the opinion of the investigating officer shall be submitted in the court of competent jurisdiction within one

month from receipt of certified copy of the order.

In view of directions issued above, and assurances given by Commissioner of Police, noted as directions, the present petition is disposed of.

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.â€​

Mr. Prakash Thakuriya, ld. PP, is not in position to acquaint this court as to why Investigating Officer was changed and investigation for third time

was assigned to another person.

Issue notice to the respondents for 31.07.2018. Meanwhile, investigation with the third Investigating Officer shall remain stayed.

Mr. Prakash Thakuriya, ld. PP, is directed to file an affidavit of the Commissioner of Police, Jaipur, stating reasons therein as to why Investigating

Officer was changed.

Copy of this order be handed over to Mr. Prakash Thakuriya, PP, under the seal and signature of Court Master for onward transmission and

necessary compliance.