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2021 Supreme(Raj) 236

IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Satish Kumar Sharma, J.
Ankit Jain - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Miscellaneous (Petition) No. 6477 of 2020
Decided on : 05-01-2021

Advocates appeared:
Bheem Sain Bairwa, Advocate, Riyasat Ali, Advocate

The court emphasized the imperative need for fair and impartial conduct of the investigation, 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 seeking direction for fair and impartial investigation of an FIR registered for various offenses under the IPC.

Finding of the Court:

The court, while acknowledging the domain of the Investigating Officer in conducting investigations, emphasized the imperative need for fair and impartial conduct of the investigation, without being influenced by any extraneous consideration. The court disposed of the petition with the direction to the concerned Superintendent of Police to ensure a fair and effective investigation, to be concluded expeditiously within three months.

Issues: Fair and Impartial Investigation

Ratio Decidendi: The court emphasized the need for the investigation to be conducted strictly in accordance with the law, in a fair, impartial, and effective 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 a fair and effective investigation, to be 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.308/2020 registered at Police Station Malpura Gate, District Jaipur City for the offences under Sections 406, 420, 120-B, 467, 468, 471, 384 of 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 in the impugned FIR fair and effective investigation is not being conducted under the influence of accused persons, 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 to transmit the same for further compliance.

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