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2021 Supreme(Raj) 246

IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Satish Kumar Sharma, J.
Hardayal Singh - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Miscellaneous (Petition) No. 444 of 2021
Decided on : 19-01-2021

Advocates appeared:
D.S. Bagodia, Advocate, Atul Sharma, Advocate

The imperative nature of conducting investigations strictly in accordance with the law, in a fair and impartial manner, without being influenced by any extraneous consideration.

Headnote:

Investigation - Fair and Impartial Conduct - The court directed the concerned Superintendent of Police to ensure that the investigation be conducted strictly in accordance with law in a fair, impartial, and effective manner, and concluded expeditiously within three months.

Fact of the Case:

The petitioner filed a petition under Section 482 Cr.P.C for direction to investigate the matter in a fair and impartial manner regarding an FIR for offences under Sections 498-A & 304-B IPC, alleging that no fair and effective investigation was being conducted under the influence of accused persons.

Finding of the Court:

The court, while acknowledging the domain of the Investigating Officer in conducting investigations, directed the concerned Superintendent of Police to ensure a fair, impartial, and effective investigation, without expressing any opinion on the merits of the case.

Issues: The issues involved the fair and effective conduct of the investigation in a case related to dowry death, and the petitioner's request for the transfer of the investigation to a higher authority.

Ratio Decidendi: The court emphasized the imperative nature of conducting investigations strictly in accordance with the law, in a fair and impartial manner, without being influenced by any extraneous consideration.

Final Decision: The petition was disposed of with the direction to the concerned Superintendent of Police to ensure that the investigation be conducted strictly in accordance with law in a fair, impartial, and effective manner, and concluded expeditiously within three months.

JUDGMENT

Satish Kumar Sharma, J. - 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. 0098/2020 registered at Police Station Udyog Nagar, District Sikar for the offences under Sections 498-A & 304-B 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 the FIR with regard to dowry death of his sister was registered on 10.02.2020 but no fair and effective investigation is being conducted in the matter under the influence of accused persons. The present Investigating Officer has not arrested even the named accused in the FIR. Investigation should be transferred to CBI or CID or any other higher authority, 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 consider the allegation of the petitioner and 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.

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