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IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Vinit Kumar Mathur, J.
Jakir Ali - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Miscellaneous (Petition) No. 1510 of 2021
Decided on : 09-03-2021
Fair Investigation - Criminal Misc. Petition under Section 482 of Cr.P.C. - The court dismissed the petition seeking fair investigation in a criminal case after the police had already conducted an investigation and proposed a charge-sheet. The petitioner did not wish to press the petition after the factual report from the police was submitted.
Fact of the Case:
The petitioner filed a criminal misc. petition seeking fair investigation in a criminal case under Sections 147, 451 & 323 of I.P.C.
Finding of the Court:
The court dismissed the petition as the police had already investigated the matter and proposed a charge-sheet. The petitioner did not wish to press the petition after the factual report from the police was submitted.
Issues: Seeking fair and impartial investigation in a criminal case.
Ratio Decidendi: The court's decision was influenced by the factual report submitted by the learned Public Prosecutor, indicating that the investigating agency had already conducted an investigation and proposed a charge-sheet.
Final Decision: The petition was dismissed as not pressed.
JUDGMENT
Vinit Kumar Mathur, J. - The petitioner has preferred this criminal misc. petition under Section 482 of Cr.P.C. seeking fair investigation in FIR No. 635/2020 registered at Police Station Jalore, District Jalore for the offences under Sections 147, 451 & 323 of I.P.C.
2. Learned counsel for the petitioner submits that the police is not proceeding against the offenders in the present case, therefore, he seeks a direction to the investigating agency to conduct fair and impartial investigation in the matter.
3. Per contra, learned Public Prosecutor submits that as per the factual report received from the concerned police station, the investigating agency has already investigated the matter and proposed charge-sheet in the matter. The factual report is taken on record.
4. In view of the factual report submitted by the learned Public Prosecutor, learned counsel for the petitioner does not wish to press the present misc. petition at this stage.
5. Dismissed as not pressed.
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