HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANOOP KUMAR DHAND, J.
Jitendra Meena @ Jitendra Matsya, S/o Kalyan Sahai Matsya - Petitioner
Versus
State Of Rajasthan, Through P.P. - Respondent
S.B. Criminal Miscellaneous (Petition) No.7231 of 2025, S.B. Criminal Miscellaneous (Petition) No.4223 of 2020
Decided On : 16-03-2026
ORDER :
ANOOP KUMAR DHAND, J.
1. By way of filing these cross and connected criminal misc. petitions, the complainant as well as the accused have approached this Court for passing appropriate orders with regard to F.I.R.No.832/2014 registered at the Police Station Pratap Nagar, District Jaipur (East) for the offences under Sections 420 467, 468, 471, 474 & 120-B IPC.
2. The complainant-Shilpacharya Vishwakarma Grah Nirman Sahkari Samiti Limited has approached this Court by way of filing S.B. Criminal Misc. Petition No.4223/2020 seeking directions to the Investigating Agency for conducting fair, transparent and expeditious investigation of the aforementioned FIR.
3. On the contrary, the accused-Jitendra Meena @ Jitendra Matsya has approached this Court by way of filing S.B. Criminal Misc. Petition No.7231/2025 for quashing of the aforesaid FIR and for quashing the proceedings arising from the same.
4. With the consent of counsels appearing on behalf of both the sides, arguments have been heard together and these two criminal misc. petitions are being disposed of by this common order.
5. Learned counsel appearing on behalf of the complainant, i.e., Shilpacharya Vishwakarma Grah Nirman Sahkari Samiti Limited submits that an FIR No.832/2014 was registered against the accused Jitendra Meena and other co-accused persons with the Police Station Pratap Nagar, District Jaipur (East) for the offences under Sections 420, 467, 468, 471, 474 & 120-B IPC alleged to have been committed way-back in the year 2014. But inspite of passing of more than 11 years, till date the charge-sheet has not been submitted against the accused, inspite of conclusion of investigation at different points of time. Learned counsel submits that even on 18.07.2024, the SHO, Police Station Pratap Nagar, Jaipur (East) has concluded the investigation and submitted a factual report before the Court of Metropolitan Magistrate No.14, Jaipur Metropolitan-II, Jaipur wherein it has been mentioned that a case has been found to be proved against the accused persons- Kalyan Sahai Matsya and Jitendra Matsya under Sections 420, 467, 468, 471, 474 and 120-B IPC. Learned counsel submits that in spite of the above, till date, charge-sheet has not been submitted before the competent Court of law.
6. Learned counsel further submits that a Co-ordinate Bench of this Court vide order dated 17.03.2021 directed the State counsel to procure status report of the investigation, conducted in the aforementioned FIR and even on 02.07.2025, a detailed order was passed by the co-ordinate Bench of this Court observing that inspite of passing of more than eleven years, the investigation is still lying pending, hence, the concerned Investigating Officer was directed to remain present before this Court with an appropriate explanation on the next date. Learned counsel submits that on 11.08.2025, the concerned Investigating Officer remained present before this Court and submitted a report, the same was also taken on record and the Investigating Officer was directed to complete the investigation on or before 04.09.2025. Learned counsel further submits that even after passing of such orders, when the investigation was not completed, then again, on 13.10.2025, the Co-ordinate Bench of this Court passed the following order:-
“It is matter of serious concern that despite the fact that the FIR was lodged 11 years back and on so many occasions, directions have been given by this Court to the concerned Investigating Officer to conclude the investigation and to submit final report, nothing has been done except changing the Investigating Officers time and again, which is against the policy of State Government dated 06.01.2019.
On earlier occasion also, although the Investigating Officer was directed to remain personally present before the Court, yet no satisfactory reason was given by him except his inability to conduct the investigation on account of additional protocol duties in addition to the investigation.
Under thes



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Point of Law : Provisions of section 6 of Delhi Special Police Establishment Act, 1946 - Officers of Delhi Special Police Establishment, a premier investigating agency, are and must be fully alive to....
The court emphasized the importance of thorough examination of allegations before transferring an investigation to CBI and highlighted the petitioner's failure to register an FIR or seek remedy under....
The accused has no right to dictate the investigating agency or method of investigation, and the plea of alibi must be substantiated with cogent evidence.
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