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2005 Supreme(Raj) 2080
High Court Of Rajasthan
Judgename : Krishan Kumar Acharya
Anita Sharma - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Misc. Petition No. 521 of 2005
Decided On : 09/08/2005
Mr. N.K. Rastogi, for the Petitioner.
Mr. J.P.S. Choudhary, Public Prosecutor.
The court emphasized the importance of fair and independent investigations, especially in cases involving serious offences, and ordered the transfer of the investigation to ensure impartiality.
Headnote:
Investigation - Transfer of Investigating Officer - Fair Investigation
Fact of the Case:
The petitioner claims that the investigation in the case has not been done fairly and should have been conducted by an independent or higher officer. The police found the case for the offence under Sections 498-A and 406 IPC but not under Section 316 IPC against the petitioner. The current Investigating Officer has been transferred, and a new officer will join to investigate the matter.
Finding of the Court:
The court directed the Superintendent of Police to hand over the investigation to another officer to ensure a fair investigation in accordance with the law. The court also ordered the result of the investigation to be submitted to the court.
Issues: Fairness of investigation, Transfer of Investigating Officer
Ratio Decidendi: The court emphasized the need for a fair and independent investigation, especially in cases involving serious offences. The transfer of the Investigating Officer prompted the court to ensure that the investigation continues without bias.
Final Decision: The miscellaneous petition is disposed of, and the matter will be listed in court once the result of the investigation is filed by the new Investigating Officer.
Krishan Kumar Acharya, J.-Heard learned Counsel for the petitioner.
2. Learned Counsel for the petitioner states that investigation has not fairly been done in this case and the matter should have been investigated by the independent officer or higher officer.
3. Learned Public Prosecutor states that investigation has fairly been done and police after investigation has found the case for the offence under Sections 498-A and 406 IPC and not found the case for offence under Section 316 IPC, against the petitioner and for this proper reasoning has been given by the Investigating Officer. He states that now Investigating Officer has already been transferred and new Investigating Officer will join and investigate the matter.
4. Looking to the facts and circumstances of the case and since, the present Investigating Officer has been transferred, the Superintendent of Police, Bhilwara is directed to hand over the investigation to any other officer, who will fairly investigate the matter in accordance with the law independently and put up the result before this Court.
5. With the aforesaid observations and directions, this misc. petition is disposed of .
6. However, the matter may be listed in the Court as soon as the result of the investigation is filed by the Investigating Officer in the Court.
