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RAJASTHAN HIGH COURT BENCH AT JAIPUR
Satish Kumar Sharma, J.
Dinesh Chand - Appellant
Versus
State of Rajasthan & Ors. - Respondents
Criminal Miscellaneous (Petition) No. 973/2021
Decided On : 02-03-2021
[INVESTIGATION] - [FAIR AND IMPARTIAL INVESTIGATION] - [The court emphasized the necessity for a fair and impartial investigation by the Investigating Officer, highlighting that while courts typically do not interfere in investigations, they must be conducted in accordance with the law and without external influence. The court directed the Superintendent of Police to ensure compliance with these standards and to conclude the investigation within three months.]
Fact of the Case:
The petition was filed under Section 482 Cr.P.C. seeking directions for a fair investigation of FIR No. 384/2020 for theft (Section 379 IPC), alleging collusion between the Investigating Officer and the accused, leading to an improper investigation.
Finding of the Court:
The court acknowledged the petitioner's concerns regarding the investigation and reiterated the legal principle that investigations must be conducted fairly and impartially, without external influences, while also respecting the Investigating Officer's domain.
Issues: Whether the court should intervene in the investigation process and ensure that it is conducted fairly and impartially.
Ratio Decidendi: The court relied on established legal principles that investigations must adhere to the law and be free from extraneous influences, emphasizing the role of the Superintendent of Police in overseeing the investigation.
Result: The petition was disposed of with a directive to the Superintendent of Police to ensure a fair, impartial, and effective investigation, to be concluded preferably within three months.
ORDER
1. 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. 384/2020 registered at Police Station Kathumar, District Alwar for the offence under Section 379 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 present FIR was registered on 10.09.2020. The concerned Investigating Officer is colluding with the accused and thus, the investigation is not being done properly. Despite repeated requests/ representations to the concerned Police officers, no fair and impartial investigation is being conducted in the matter, 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 for further transmission and compliance.
Investigations must be conducted in a fair and impartial manner, strictly in accordance with the law, and courts can direct oversight to ensure compliance.
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 court emphasized the imperative need for fair and impartial conduct of the investigation, 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.
The central legal point established in the judgment is the imperative nature of conducting investigations strictly in accordance with the law in a fair, impartial, and effective manner, without being....
The court emphasized the importance of fair and impartial investigation conducted strictly in accordance with the law, without expressing any opinion on the merits of the case.
The court emphasized the importance of conducting investigations strictly in accordance with the law in a fair, impartial, and effective manner, without being influenced by any extraneous considerati....
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.
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.
The duty-bound obligation of police officers to conduct expedient investigations.
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