High CourtsSingle Bench

Moti Lal vs State Of Rajasthan And Ors

Rajasthan High Court · Decided on 11 December 2020 · Citation: (2020) 12 RAJ CK 0055

HON’BLE JUDGES
Satish Kumar Sharma, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 120B, 420, 465, 467, 468, 471
CASE NUMBER
Criminal Miscellaneous (Petition) No. 3801 Of 2020
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Judgment

14 paragraphs · 238 words
1.

This Petition has been filed under Section 482 Cr.P.C. seeking fair and impartial investigation in FIR No.156/2015 registered at Police Station

Dantaramgarh District Sikar for offences under Sections 420, 465, 467, 468, 471 and 120B IPC.

2.

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

3.

Learned counsel for the petitioner submits that the learned Additional Chief Judicial Magistrate Dantaramgarh vide order dated 2-1-2016 has

directed the Investigating Agency to conduct further investigation in FIR No.156/2015, but no effective steps have been taken. Therefore, the

Investigating Officer should be changed and direction should be issued to the respondent No.2 to conduct the investigation in fair and impartial

manner.

4.

Learned Public Prosecutor submits for appropriate directions.

5.

Heard. Considered.

6.

It is well settled legal position that the investigation is in the domain of the Investigating Officer and courts are not supposed to interfere in the

investigation. However, it is imperative on his part to conduct the investigation in fair and impartial manner strictly in accordance with law. The

Superintendent of Police is responsible for upright functioning in his District, therefore, taking into consideration the above submissions, the petition is

disposed of with the direction to the Superintendent of Police Sikar to ensure that investigation in the impugned FIR is conducted in fair, impartial and

effective manner strictly in accordance with law and the same be completed preferably within three months.