High CourtsSingle Bench

Victim-A vs State Of Rajasthan And Ors

Rajasthan High Court · Decided on 18 January 2021 · Citation: (2021) 01 RAJ CK 0234

HON’BLE JUDGES
Satish Kumar Sharma, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 376
CASE NUMBER
Criminal Miscellaneous (Petition) No. 3709 Of 2020
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Judgment

15 paragraphs · 276 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 of FIR

No.250/2020 registered at Police Station Kotwali Bharatpur, District Baharatpur for the offence under Sections 376 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 despite repeated request/ representation to the concerned Police officers, no fair and impartial

investigation is being conducted in the matter, 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.