High CourtsSingle Bench

Yogesh vs State Of Rajasthan And Ors

Rajasthan High Court · Decided on 18 January 2021 · Citation: (2021) 01 RAJ CK 0230

HON’BLE JUDGES
Satish Kumar Sharma, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 143, 323, 341, 451
CASE NUMBER
Criminal Miscellaneous (Petition) No. 117 Of 2021
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Judgment

15 paragraphs · 290 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.0164/2020 registered at Police Station Rawanjana Doongar, District Swai Madhopur for the offences under Sections 143, 341, 323, & 451 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 FIR in this matter was lodged on 17.09.2020 but 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.