Kallu Ram v. State of Rajasthan and Ors.
Case brief
What is this about?
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR…
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR…
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misccellaneous (Petition) No. 1890 / 2017
Kallu Ram Son of Jauhari Lal, by Caste Meena, Aged About 43 Years, R/o Village Anawada, P.S. Tehala, Tehsil & District Alwar (raj.)
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Deepak Khandelwal
For Respondent(s) : Ms. Meenakshi Pareek, PP
HON'BLE MR. JUSTICE DEEPAK MAHESHWARI
Order
08/02/2018
Heard learned counsel for the petitioner.
Learned Public Prosecutor submits the latest status report of the investigation has been received from SHO, P.S. Tehla, District Alwar vide his letter dated 14.12.2017. The same is taken on record.
Counsel for the petitioner submits that father of petitioner Kalu Ram was missing for which the writ of Habeus Corpus has been preferred by the petitioner and Division Bench of this Court passed the order on 23.01.2017 whereupon the FIR No. 151/2017 came to be filed on 02.02.2017 at Police Station Tehla, District Alwar for the offence under Sections 302, 201 & 120-B IPC.
(2 of 2)
[CRLMP-1890/2017]
Counsel submits that despite the suspected person were named in the FIR, no action has been taken against them and the investigation is proceeding in a very cursory manner. The petitioner is being harassed by the Investigating Officer by calling him again and again to the police station who kept him sitting in the police station. Counsel further submits that due to political influence of the suspected accused persons no active action is being taken by the police officials.
On perusal of the report submitted by the Public Prosecutor, the facts mentioned by the counsel for the petitioner stands corroborated. No clue as yet has been found in the matter in hand regarding father of the petitioner.
Taking note of these facts and also that the matter pertains to the offence under Section 302 IPC, this Court deems it fit to transfer the investigation to CID (CB) with the direction to undertake the fair, impartial and expeditious investigation in the matter.
The petition stands disposed of with the above directions.
(DEEPAK MAHESHWARI)J.
Arun/13
1 issue framed by the court
Whether pending investigation under Section 302 IPC in disappearance case requires transfer to CBI for fair and expeditious inquiry.
1 provisions across 1 enactments
Kallu Ram
State of Rajasthan Through Director General of Police
Deepak Maheshwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court