The court affirmed that once an investigation is completed and a negative final report is submitted, it will not exercise its powers under Section 482 of Cr.P.C. to order a fresh investigation.

ORDER

Defect Nos. 3,4,5 & 6, pointed out by the Office stand waived due to Covid-19 Situation.

1. Instant petition under Section 482 of Cr.P.C. has been preferred on behalf of petitioner/complainant assailing the investigation being conducted by the Police authorities with regard to allegations against the petitioner No.2, namely Nagendra Singh @ Santy levelled in F.I.R. bearing No.583/2020 registered at Police Station, Nagar District Bharatpur for offences punishable under Sections 323, 341 and 504 of I.P.C.

2. Learned counsel appearing for the petitioner/complainant submits that the petitioner is still facing prolonged difficulties for which he is undergoing treatment and despite many requests made by him with the Police personnel as also with the Superintendent of Police, Bharatpur but he has not been medically examined again. Counsel further submits that Police filed a Final Report in negative form in the matter as F.R. No.259 dated 15.12.2020. Counsel contends that this Court has ample powers to make order under Section 482 of Cr.P.C. to get the petitioner medically examined and can also direct for fair and impartial investigation by any of the Superior Officer of the Police. Counsel prays that this petition may be accepted, so the complainant/ petitioner may get the ends of justice.

3. On the other hand, learned Public Prosecutor appearing for the State has opposed the submissions made by learned counsel appearing for the petitioner/complainant.

4. Heard learned counsel appearing for the petitioner/ complainant as well as learned Public Prosecutor appearing for the State and perused the material made available on record.

5. A Co-ordinate Bench of this Court in the case of Nirmala Devi (Smt.) Vs. State of Rajasthan through P.P. and Others, reported in 2020 (3) Cr.L.R. (Raj.) 1116, in Para 8, held as under :-

"Keeping in view of the above, this Court is of the firm opinion that at this stage after investigation has already been completed and the final report in negative form has already been submitted in the competent Court, this Court would not interfere in 482 petition and direct a fresh investigation again. This Court is also satisfied that the directions issued by this Court dated 3.1.2019 have been fully complied with as the Commissioner of Police has himself supervised the investigation. However, the petitioner would be always free to raise protest which she wants to make against the negative final report submitted before the competent Court." (Emphasis supplied).

6. In the present case, investigation has already been completed and a Final Report in negative form has been submitted before the Court of competent jurisdiction, this Court is of the opinion that there is no need to exercise the power under Section 482 of Cr.P.C. and direct for afresh investigation again in the matter.

7. Resultantly, instant petition has no force and is hereby dismissed.

Stay application also stands disposed of.