Dismissed

Rajendra Jatav v. State of Rajasthan and Ors.

Rajasthan HC4 Sept 2015CRLW/203/2015

Case brief

AI extract

What is this about?

Fishery the High Court at Jaipur dismissed a criminal writ petition seeking transfer of investigation from local police to CBI in a case involving caste atrocities. The court held no evidence of bias existed in the completed investigation.

What did the court decide?

No order on handover of investigation; success to that pursuing appropriate legal remedy including a protest petition against the final report.

Rajendra Jatav Vs State of Rajasthan and Ors. — Caste Atrocities | Rajasthan HC (2015)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR.

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O R D E R

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S. B. CRIMINAL WRIT PETITION No.203/2015.

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: :

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Rajendra Jatav Vs. State of Rajasthan & Ors.

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: :

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Date of Order : 04.09.2015

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HON'BLE MR. JUSTICE PRASHANT KUMAR AGARWAL

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Mr. Satish Kumar, for the complainant-petitioner. Mr. Jitendra Shrimali, P. P. for the State. Mr. Laxman Das, IO/ASP, Crimes, Jaipur.

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BY THE COURT

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Heard learned counsel for the parties.

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The complainant-petitioner has filed this criminal writ petition under Article 226 of the Constitution of India in respect of FIR No.92/2015 registered at Police Station Masalpur, District Karauli for the offences under Sections 143, 323, 341, 504 and 302/120-B IPC and for the offence under Section 3 of the SC/ST (Prevention of Atrocities) Act, 1989 with a prayer to direct the Investigation Officer to conduct the investigation in a free, fair and impartial manner and in the alternative to hand over the investigation to an independent Investigating Agency like CBI. As per the progress/factual report dated 3.9.2015 investigation in the case has been completed and no offence of any kind has been found to have been committed and final report is proposed to be filed. As per the factual report, investigation in the case has been conducted by more than one Investigation Officer and also by an officer of the rank of Deputy Superintendent of Police.

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On consideration of submissions made on behalf of the respective parties and the material made available on record as well as the reasons recorded in the factual report dated 3.9.2015 and the evidence collected during the course of investigation, which has been produced before me by way of case diary, it

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cannot be said that investigation in the case has not been conducted in a free, fair and impartial manner and, therefore, no case is made out to hand over the

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investigation to any other Police Officer or Investigating Agency.

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Consequently, the criminal writ petition is dismissed. However, the complainant-petitioner is free to pursue appropriate legal remedy including the protest petition against the final report proposed to be filed before the learned Magistrate. It is made clear that no observation of any kind has been made by this Court on the merit of the case.

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The factual report dated 3.9.2015 may be taken on record.

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(PRASHANT KUMAR AGARWAL),J. A.Arora/-

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All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.” AMIT ARORA PERSONAL ASSISTANT

Rajendra Jatav v. State of Rajasthan and Ors.

Case brief

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Rajendra Jatav v. State of Rajasthan and Ors.

Case brief

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