[2025:RJ-JD:21016]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 364/2025 Laxman Lal Kalasua S/o Manaji Kalasua, Aged About 50 Years, R/o Sadkari, Hari Dungri, Teh. Semari, Dist. Salumber, Raj.

----Petitioner Versus

1. State Of Rajasthan, Through Its Ministry Of Home Affairs, Add- Secretariat (Sub Office), Jaipur,raj.

2. Concerned Investigation Officer (I.o.), Ps Sarada, Salumbar.

----Respondents For Petitioner(s) : Mr. Laxman Solanki For Respondent(s) : Mr. Vikram Singh Rajpurohit, Dy.G.A.

Mr. Ravindra Singh, AGA Mr. Hemant IO PS Sarada, Salumber HON'BLE MR. JUSTICE FARJAND ALI

Order

ORDER RESERVED ON ::: 04/02/2025 ORDER PRONOUNCED ON ::: 05/05/2025 BY THE COURT:-

1. The instant Misc. Petition has been filed by the complainant seeking issuance of necessary directions to the investigating agency to ensure fairness, impartiality, and diligence in the ongoing investigation pertaining to the unnatural death of the deceased.

2. I have heard learned counsel for the petitioner, learned Public Prosecutor, and have also conferred with the Investigating Officer present in the Court and perused the record of the case, including the photographs of the deceased in hanged situation at the crime scene and the post-mortem report.

3. It is noted that after the burial of the deceased, an application for exhumation was moved by the Station House Officer to ascertain the possibility of sexual assault prior to death. However, the medical officer has opined that due to the passage of time and the natural process of decomposition, microbiological and surgical evidence may no longer be retrievable or reliable and tracing of evidentiary material would be scarce owing to the natural decay and putrefaction of the body.

4. Upon consideration of the material on record and submissions advanced, this Court finds that the investigation has been carried out with due diligence and that there is no prima facie indication of bias, mala fides, or dereliction of duty on the part of the Investigating Officer warranting transfer of the case to any national investigating agency. The State police appears to have adopted due care and caution during the course of investigation, and no compelling or extraordinary circumstances exist which may justify judicial interference or re-investigation by an alternate agency. However, in the interest of justice and to maintain public confidence in the investigative process, it is deemed appropriate to direct the Superintendent of Police, Salumber concerned to personally oversee and monitor the ongoing investigation so as to ensure that it proceeds without any bias, undue delay or procedural latches.

5. Accordingly, the Misc. Petition stands disposed of with the above direction. All pending applications, if any, stand disposed of.

(FARJAND ALI),J

228-Mamta/-