Sanjay Gupta @APPELLANT@Hash State of Rajasthan & Ors

Heard learned counsel for the petitioner as also Mr.B.N.Sandu, learned Addl. Advocate General appearing for all the respondents including the

respondent no.5. Hence service of notices upon all the respondents is complete.

Mr.O.P.Galhotra, Director General of Police, Rajasthan, Jaipur and Mr.Sanjay Agrawal, Commissioner of Police, Jaipur are present in person.

Learned counsel for the petitioner submits that in this matter, FIR came to be filed for the offence under Secs.323 & 341 IPC. After investigation,

charge-sheet was filed for the offence under Secs.323, 341 and 427 IPC. When the leaned trial court directed to reinvestigate the matter, charge-

sheet came be filed for the offence under Secs.323, 341, 427 and 279 IPC. He submits that it exposes that earlier Investigating Officer has not

conducted the investigation fairly, effectively and impartially. He further submits that such negligent attitude is ordinarily adopted in investigating the

matter by the police officials which needs to be dealt with strictly by the court. In this regard, he has also drawn attention towards the order dated

11.4.2016 passed by the Coordinate Bench of this court in SBCr.Misc.II Bail Appl. No.969/2015.

On 18.7.2018, the Coordinate Bench of this court directed that the respondent no.2 DGP, Police Headquarters, Jaipur and respondent no.3 Mr.Sanjay

Agrawal, Commissioner of Police, Jaipur shall remain present to apprise this court about the compliance made pursuant to the order dated 11.4.2016.

Mr.B.N.Sandu, learned AAG has submitted copy of the report submitted by the office of ADG (Crime Branch), Rajasthan, Jaipur to the Registrar

General, Raj. High Court, Jodhpur vide letter dated 25.7.2018, which is taken on record. Copy of the order No.4565-4617 dated 13.4.2017 is also

annexed seeking compliance from the subordinate police officials of the order dated 11.4.2016 referred to hereinabove.

As per report received from AOJ, (Criminal II) of this court, no report from the police department is received in the office of Registrar General in

compliance of the order dated 11.4.2016.

The learned Addl. Advocate General submits that the police department is concerned to ensure the compliance of the order passed by the Court from

time to time and necessary mechanism is being developed to supervise the investigation and to deal with the erring Investigating Officer.

Mr.O.P.Galhotra, DGP, Jaipur, who is present in person has also ensured this court for compliance of the order passed by this court. However, he

expressed his inability to apprise this court about the action taken against the erring Investigating Officer who earlier conducted investigation in FIR

No.950/2017 registered at P.S.Jawahar Circle, Jaipur (East) and filed the charge-sheet only for the offence under Sec.323, 341 and 427 IPC. Two

weeks time is granted as prayed.

Learned Addl. Advocate General will apprise this court about the action taken or proposed to be taken against the aforesaid Investigating Officer and

also to inform the court about the orders issued by the police department to curb such lacuna in future in the investigation.

Report from the office of Registrar General regarding submission of the compliance of the order dated 11.4.2016 be also called for.

Matter be listed on 10.8.2018.

Presence of Officers present today is dispensed with.