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Judgment
This petition has been filed under Article 226 of the Constitution of India for direction to the respondents to investigate the matter in fair and
impartial manner of FIR No. 156/2019 registered at Police Station Ganj Police Station, District Ajmer for the offences under Sections 406 & 420 IPC.
Heard learned counsel for both the sides and perused the material made available on record.
Learned counsel for the petitioner submits that the petitioner lodged FIR on 14.06.2019 but no effective steps have been taken by the Investigating
Officer till date under the influence of accused persons. Ample evidence has been provided to the investigating Officer. The accused persons have
cheated so many persons and have committed fraud with banks also still no effective steps are being taken despite repeated request/ representation by
the petitioner. Therefore, either the investigation should be transferred to SOG or CBI or to ensure fair, effective and impartial investigation in a time
bound manner.
Learned Additional Government Counsel 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.