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2021 Supreme(Raj) 393

IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Satish Kumar Sharma, J.
Kamaldeep Singh - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Miscellaneous (Petition) No. 6399 of 2020
Decided on : 05-01-2021

Advocates appeared:
Pradeep Singh, Advocate, Riyasat Ali, Advocate

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

Headnote:

Investigation - Fair and Impartial Conduct - The court directed the concerned Superintendent of Police to ensure fair, impartial, and effective investigation in a time-bound manner, in accordance with the law, for the offenses under Sections 143, 323, 452, 382 & 511 IPC.

Fact of the Case:

The petitioner filed a petition under Section 482 Cr.P.C seeking direction for fair and impartial investigation of FIR No. 666/2020 for various offenses.

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 fair, impartial, and effective investigation, without expressing any opinion on merits, and concluded the petition with the specified direction.

Issues: Fair and Impartial Investigation, Court's Interference in Investigation

Ratio Decidendi: The court emphasized the imperative of conducting investigations in a fair and impartial manner, strictly in accordance with the law, without being influenced by any extraneous consideration, citing the legal proposition in P. Chidambaram Vs. Directorate of Enforcement, (2019) 9 SCC 24.

Final Decision: The petition was disposed of with the direction to the concerned Superintendent of Police to ensure fair, impartial, and effective investigation, strictly in accordance with the law, and to conclude the same expeditiously, preferably within three months.

JUDGMENT

Satish Kumar Sharma, J. - This petition has been filed under Section 482 Cr.P.C for direction to the respondents to investigate the matter in fair and impartial manner of FIR No. 666/2020 registered at Police Station Mansarowar, Jaipur City South for the offences under Sections 143, 323, 452, 382 & 511 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 FIR in this matter was lodged on 30.10.2020 but despite repeated requests/ representations, till date no effective steps have been taken under the influence of accused persons. Investigation in this matter is not being conducted in fair and impartial manner, therefore, appropriate directions should be issued to ensure 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 in fair and impartial manner, strictly in accordance with law without being influenced by any extraneous consideration. 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 in fair, impartial and effective manner, strictly in accordance with law and the same be concluded expeditiously preferably within three months.

7. 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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