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IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Satish Kumar Sharma, J.
Sudeep - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Miscellaneous (Petition) No. 6197 of 2020
Decided on : 04-01-2021
Investigation - Fair and Impartial Conduct - The court directed the concerned Superintendent of Police to ensure fair, impartial, and effective investigation in accordance with the law, preferably concluding within three months.
Fact of the Case:
The petitioner filed a petition under Section 482 Cr.P.C seeking fair and impartial investigation of an FIR for offenses under Sections 420 & 406 IPC due to alleged lack of fair and impartial investigation by the concerned Police officers.
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 the merits of the case.
Issues: Fairness and Impartiality of Investigation
Ratio Decidendi: The court emphasized the imperative for the Investigating Officer to conduct 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 fair, impartial, and effective investigation, concluding 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.348/2020 registered at Police Station Kotwali, District Jhunjhunu for the offences under Sections 420 & 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 the FIR was lodged against the accused on 04.09.2020 but despite repeated requests/representations to the concerned Police officers, no fair and impartial investigation is being conducted, 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 strictly in accordance with law in fair and impartial manner 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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