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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Manoj Kumar Garg, J.
Nandu Bai & Ors. – Appellant
Versus
State of Rajasthan & Ors. – Respondent
S.B. Criminal Miscellaneous (Petition) No. 603 of 2023
Decided On : 03-02-2023
Investigation - Fair and Impartial Conduct - The court directed the Investigating Agency to conduct a fair and impartial investigation in response to the petitioners' complaint.
Fact of the Case:
The petitioners filed a misc. petition under Section 482 Cr.P.C. seeking fair and impartial investigation in FIR No.49/2022, Police Station Sukher, District Udaipur.
Finding of the Court:
The court disposed of the petition with a direction to the petitioners to submit their representation before the concerned Inspector General of Police and Superintendent of Police for a decision within one month.
Issues: Fairness of Investigation, Petitioners' Representation
Ratio Decidendi: The court's decision was influenced by the assurance of the AAG that the Investigating agency is conducting a free and fair investigation, and any material brought on record by the petitioners shall be considered by the prosecution strictly in accordance with law.
Final Decision: The court disposed of the misc. petition and the stay petition accordingly.
JUDGMENT
Manoj Kumar Garg, J. - The instant misc. petition under Section 482 Cr.P.C. has been filed by the petitioners-complainants with the limited prayer that the Investigating Agency may be directed to conduct fair and impartial investigation in FIR No.49/2022, Police Station Sukher, District Udaipur.
2. Learned AAG states that the Investigating agency is already conducting free and fair investigation, however, if any material is brought on record by the petitioners the same shall be considered by the prosecution strictly in accordance with law before completing the investigation.
3. In light of the aforesaid assurance of the AAG, the present misc. petition is disposed of with a direction to the petitioners to submit the representation before the concerned Inspector General of Police and Superintendent of Police, who shall decide their representation strictly in accordance with law within a period of one month from the date of filing of the representation.
4. The instant misc. petition is disposed of accordingly. Stay petition is also disposed of.
The court emphasized the importance of fair and impartial investigation and directed the concerned authorities to decide the petitioners' representation within a specified time frame.
The court's discretion to dismiss a petition seeking fair investigation when the investigating agency has already conducted an investigation and proposed a charge-sheet.
The right to a fair investigation is a fundamental aspect of the criminal justice system, and authorities must consider representations made by affected parties during the investigative process.
The court emphasized the importance of fair investigation and directed the law enforcement agency to conduct the investigation strictly in accordance with the law.
The duty-bound obligation of police officers to conduct expedient investigations.
The court emphasized the imperative need for fair and impartial conduct of the investigation, without being influenced by any extraneous consideration.
The court established that the right to a fair investigation is a fundamental aspect of the criminal justice system, necessitating the consideration of all relevant evidence by the investigating auth....
The court emphasized the importance of fair investigation in accordance with the law, based on precedent law and the assurance given by the Public Prosecutor.
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.
The imperative of conducting investigations in a fair and impartial manner, strictly in accordance with the law, without being influenced by any extraneous consideration.
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