In matrimonial disputes, the filing of a divorce petition or a petition under Section 9 of the Hindu Marriage Act cannot be taken into consideration to construe that an FIR was lodged as a counterblast.

JUDGMENT

Kanwaljit Singh Ahluwalia, J. - The present petition has been filed under Section 482 Cr.P.C., 1973 seeking quashing of FIR No.117/2017 registered at Police Station Mahila Thana, Jaipur City North for the offences under Sections 498A, 406, 323, 354 IPC and sections 3 and 4 of Dowry Prohibition Act.

2. This Court on 13.7.2018 had passed the following order:-

"Counsel for the petitioner has contended that son of the petitioner is posted at Delhi in Income Tax Department. It is stated that complainant daughter in law of the petitioner was residing at Delhi with her husband.

Counsel for the petitioner has contended that petitioner is posted as a teacher in District Dausa and it is submitted that son and daughter in law of the petitioner, were having a separate residence and mess at Delhi and therefore, petitioner had no occasion to interfere in their domestic affairs.

Counsel for the petitioner further submitted that twice the Investigating Agency has come to conclusion that no offence has been committed by the petitioner.

It is contended that now the investigation has been assigned to third Investigating Officer. This court in S.B. Criminal Misc. Petition No. 1141/2018, Tara Chand Sharma and Anr. vs. State of Rajasthan and Ors. had passed the following order:-

"The present petition has been filed under Section 482 Cr.P.C., 1973 praying that a direction be issued to the respondent nos. 1 to 4 to conduct fair and impartial investigation in case arising out of FIR No.0161/2017 registered at Police Station Jhotwara, Jaipur (West) for the offences under Sections 420, 467, 468, 471 read with Section 120B I.P.C.

Number of petitions filed under Section 482 Cr.P.C., 1973 are listed before this Court. It has been observed that without passing any detailed speaking order, on drop of hat, or on the whim and fancy of the supervisory officer, in the midst of investigation, when it has reached at a sensitive stage, investigating officer is changed. Change of the horse midstream is not appreciated. Supervisory officer ought to give reasons as to why investigating officer is required to be changed. Supervisory officer should examine the case diary and taking note of the deficiencies in the investigation should give guidance to the investigating officer as to in which direction, investigation ought to move.

In the present case in particular, no such procedure was followed. When accused Tara Chand Sharma approached D.C.P. (West), Jaipur, he transferred the investigation to SHO, Harmada. Later when complainant approached, D.C.P. (West), Jaipur, he transferred the investigation to ACP, Jhotwara. Everything should not be done due to the approach made by complainant or accused as it will show the police in poor light, especially when Jaipur Police with the limited infrastructure is performing a yeoman's job in the city, which is having numerous cases pertaining to property dispute.

Property dispute always has a monetary consideration and consequences. Supervisory officer should be careful and cautious while changing the investigation officer.

It has been noted that number of times, inquiry or investigating officer has been changed. Sometimes when accused has been found guilty, on the asking of accused investigating officer or inquiry officer has been changed sometimes when a police officer has recommended that Final Report in negative form be submitted on asking of complainant investigating officer or inquiry officer is changed. Due to change of investigating officer or inquiry officer not only course of investigation change but result too change sometimes totally opposite to the earlier view. Similarly the next officer who is assigned investigation or inquiry formulate contrary view. How many time investigation should be conducted, how many times result of investigation should change, is something on which higher officer i.e. Commissioner of Police should ponder so that trust of the people in the premier investigating agency is not lost. Again and again