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2021 Supreme(Raj) 377

IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Satish Kumar Sharma, J.
Vijay Kumar Dhanka - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Miscellaneous (Petition) No. 6479 of 2020
Decided on : 05-01-2021

Advocates appeared:
Bheem Singh Dabla, Advocate, Riyasat Ali, Advocate

The main legal point established is the imperative nature of conducting fair and impartial investigations strictly in accordance with the law, without being influenced by extraneous considerations.

Headnote:

Investigation - Fair and Impartial Conduct - The court directed the concerned Superintendent of Police to ensure fair and impartial investigation in a time-bound manner, in accordance with the law, and with protection for the petitioner's life and liberty.

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, expressing concerns about the lack of effective action and threats from the accused.

Finding of the Court:

The court, while acknowledging the domain of the Investigating Officer in conducting investigations, emphasized the need for fair and impartial investigation without being influenced by extraneous considerations. The petition was disposed of with directions for fair and impartial investigation and protection of the petitioner's life and liberty.

Issues: The issues involved the lack of effective action in the FIR, threats from the accused, and the need for fair and impartial investigation.

Ratio Decidendi: The court emphasized the imperative nature of conducting investigations strictly in accordance with the law, without being influenced by extraneous considerations, as established in the case of P. Chidambaram Vs. Directorate of Enforcement, (2019) 9 SCC 24.

Final Decision: The petition was disposed of with directions for fair and impartial investigation, to be concluded expeditiously, and for appropriate steps to be taken for the protection of the petitioner's life and liberty.

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.301/2020 registered at Police Station Virat Nagar, District Jaipur Rural for the offences under Sections 143, 323, 341, 447, 427, 504, 354 of IPC and Sections 3(1)(g), 3(1)(r), 3(2)(Va), 3(1)(S) of SC/ST (Prevention of Atrocities) Act, 1989.

2. Heard learned counsel for both the sides and perused the material made available on record.

3. Learned counsel for the petitioner submits that despite repeated request/ representations no effective action has been taken in the FIR lodged by the petitioner on 21.11.2020 under the influence of accused persons. He further submits that the accused persons are threatening the petitioner. Therefore, appropriate direction should be issued to ensure effective impartial investigation in a time bound manner with protection for life and liberty of the petitioner.

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 in fair and impartial and effective manner, strictly in accordance with law and the same be concluded expeditiously preferably within three months.

8. Further concerned Superintendent of Police shall ensure that after due enquiry appropriate steps shall be taken for protection of life and liberty of the petitioner in accordance with law.

9. 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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