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IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Satish Kumar Sharma, J.
Gaurav Jangid - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Miscellaneous (Petition) No. 6481 of 2020
Decided on : 05-01-2021
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 for offenses under Sections 420 and 406 IPC, citing lack of effective action by the police despite repeated requests.
Finding of the Court:
The court, while acknowledging the domain of the Investigating Officer in conducting investigations, 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.
Issues: The issue revolved around the petitioner's plea for fair and effective investigation in a time-bound manner due to lack of action by the police despite the filing of the FIR.
Ratio Decidendi: The court's decision was influenced by the legal principle that while the investigation is within the domain of the Investigating Officer, it is imperative 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 that the investigation be conducted strictly in accordance with the law in a fair, impartial, and effective manner, and concluded 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. 60/2020 registered at Police Station Singhana, District Jhunjhunu for the offences under Sections 420 and 406 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 was lodged on 04.03.2020 but no effective action has been taken till date under the influence of accused-person despite repeated request/ representation to the concerned Police officers. 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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