The fundamental right to fair and impartial investigation applies to both victims and accused, and the Investigating Agency must adhere to legal provisions and judicial pronouncements.

ORDER

1. By way of filing the instant miscellaneous petition, the petitioner who happens to be an accused of FIR No. 199/2017 registered at Police Station CPS ACB, Jaipur, Distt. Alwar seeking indulgence of this Court for issuance of directions to the authorities for fair and impartial investigation in the matter.

2. Mr. Suresh Kumar Sahni, learned counsel for the petitioner submits that the FIR got lodged on 21.07.2017 wherein after conducting investigation, a charge-sheet No. 218/2017 dated 15.09.2017 had been submitted against the accused Radhe Shyam & Mansingh in the Court concerned while keeping the investigation pending in respect of the present petitioner. As per him, earlier when the first charge-sheet was submitted, the evidence was not sufficient enough to charge-sheet the petitioner along with the accused Radhe Shyam and Mansingh and that is why the investigation had been kept pending regarding the role of the present petitioner. But now, there being no fresh material, evidence documentary or oral or in electronic form, the Investigating Agency is hell bent to charge-sheet him which is dehors the legal provision and contrary to the principles of law laid down by Hon'ble the Supreme Court in the case of Vinubhai Haribhai Malaviya vs The State Of Gujarat [(2019) 17 SCC 1] and therefore, craved for issuance of appropriate directions to the Investigating Agency to abide by the legal proposition and to conduct fair investigation without any bias.

3. Heard learned counsel for the petitioner and learned Public Prosecutor. Gone through the content of the FIR and the earlier charge-sheet filed against the accused Radhe Shyam and Mansingh.

4. Seeking fair and impartial investigation is a right to every individual, be he a victim/complainant or an accused, as unfairness and partiality infringes fundamental right of both the parties. Therefore, this Court in order to protect the fundamental right guaranteed to every person, deems it appropriate to direct the Investigating Agency to conduct fair and impartial investigation in this matter without having any bias or being influenced by the earlier charge-sheet.

5. It is expected from the Agency to adhere with the provision of law and to follow the judicial pronouncements made by Hon'ble the Supreme Court in the case referred supra. It is also expected from the Investigating Agency to show fresh or new material against the accused petitioner after submission of the first charge-sheet.

6. The petitioner is directed to submit a detailed representation to the Inspector General, Anti Corruption Bureau, Rajasthan, Jaipur, averring therein all the grounds which are mentioned here in this petition, within 20 days from today. In the event such a representation is submitted, the Inspector General, ACB, Jaipur shall consider the same objectively strictly in accordance with law and decide the same within two months from the date of submission of the representation and pass a detailed, reasoned speaking order.

7. Accordingly, the instant miscellaneous petition is disposed of.