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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANOOP KUMAR DHAND
Taimoor, S/o. Zuhroo – Appellant
Versus
State of Rajasthan, Through PP. – Respondent
Order :
ANOOP KUMAR DHAND, J.
1. The instant misc. petition is listed before this Court in pursuance of the directions issued by the Hon’ble Apex Court in the case of Vijay Kumar and Ors. Vs. State of Rajasthan (Petition for Special Leave to Appeal (Crl.) No. 773/2026, decided on 15.01.2026), wherein the Hon’ble Apex Court observed that in various matters, interim orders have been passed in criminal revision petitions and petitions filed under Section 482 Cr.P.C., as a result of which trial relating to serious offences such as murder, rape, dacoity, dowry death, etc., could not proceed and remained stalled/held up due to the passage of considerable time.
2. Directions have been issued to this Court and other High Courts to take up such like matters which are pending since long, on priority and decide the same expeditiously without deferring the hearings to subsequent dates.
3. By way of filing the instant criminal misc. petition, a prayer has been made to quash the entire criminal proceedings qua the petitioner, arising out of the impugned FIR No. 30/2019 registered at the Police Station Malakhera, District Alwar for the offences punishable under Sections 498A and 304B IPC.
4. Learned c
Further investigation – Police ought to follow procedure of seeking permission from Court to conduct “further investigation” and file supplementary chargesheet – Power to direct further investigation....
The authority to file a charge sheet rests solely with the Investigating Officer, and any directive from a superior officer is unlawful, violating the right to a fair investigation.
The court emphasized that further investigation must be justified by new evidence or deficiencies in the prior investigation, and the discretion to order it lies with the Magistrate based on case fac....
The investigation must be unbiased, honest, and just, and fair investigation is a part of the constitutional rights guaranteed under Articles 20 and 21 of the Constitution of India. The power to dire....
The accused do not possess the right to request further investigation under Section 173(8) of the Cr.P.C., as this power is reserved for the investigating agency and the court, ensuring that the inve....
The magistrate has no power to order further investigation suo motu or on the request of the complainant/informant after cognizance is taken and the accused person appears, nor does the magistrate ha....
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