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MANOJ KUMAR GARG
Uma Paliwal – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The petitioner has preferred this writ petition under Article 226 of Constitution of India and Section 482 of Cr.P.C. for fair re-investigation in FIR No. 81/2022, PS Jhallara, District Udaipur for offences under Sections 302 , 201, 120B IPC.
2. Learned counsel for the petitioner submits that earlier, after thorough investigation, Police submitted charge-sheet against accused Babu Kunwar (mother of deceased) only for offence under Section 306 IPC. Counsel further submits that the present writ petition has been filed for re-investigation in the matter for offence under Section 302IPC read with Section201 IPC. This Court while passing the order dated 15.12.2022 has directed the Investigating Officer to investigate the matter on certain points whatever the petitioner has filed in the representation before the Investigating Officer.
3. The following order has been passed by this Court on 15.12.2022:
High Court under Article 226 can direct CBI re-investigation only in rare exceptional cases; insufficient on unfair investigation claim post charge-sheet filing.
The court affirmed that further investigation is permissible under Section 173(8) CrPC even after a charge sheet is filed, ensuring a fair and just investigation.
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 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.
Inadequate police investigation claims do not justify direct High Court intervention when alternative remedies are available.
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