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Tara Chand vs State of Rajasthan And Ors

Rajasthan High Court · Decided on 18 January 2021 · Citation: (2021) 01 RAJ CK 0233

HON’BLE JUDGES
Satish Kumar Sharma, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 200, 202, 482 · Indian Penal Code, 1860 — Section 406, 420, 467, 468 & 471
CASE NUMBER
Criminal Miscellaneous (Petition) No. 4800 Of 2020
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Judgment

17 paragraphs · 321 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 for the

offences under Sections 420, 406, 467, 468 & 471 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 the petitioner filed complaint with the Trial Court way back on 03.10.2019 and learned Trial Court

recorded his statement under Section 200 Cr.P.C. on 13.11.2019 and the matter was sent to the concerned SHO for investigation under Section 202

of Cr.P.C, even after lapse of more than one year no effective investigation has been  conducted under the influence of the accused despite

repeated request/ representation to the concerned Police officers, 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.