Disposed

Yogesh S/O Shri Nathulal Bairwa v. State of Rajasthan

Rajasthan HC18 Jan 2021CRLMP/117/2021

Case brief

AI extract

What is this about?

The High Court of Rajasthan considered a petition under Section 482 Cr.P.C. seeking directions for a fair investigation. The court directed the Superintendent of Police to conduct the investigation strictly in accordance with law, expeditiously within three months.

What did the court decide?

Direction to the Superintendent of Police to conduct investigation in a fair, impartial and effective manner within three months.

Yogesh S/O Shri Nathulal Bairwa Vs State of… — Criminal Trial and Appeal | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN

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BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 117/2021

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Yogesh S/o Shri Nathulal Bairwa, Aged About 33 Years, Resident Of Village Todara Falaudi, Police Station Rawanjana Doongar, Tehsil And District Sawaimadhopur.

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----Petitioner

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Versus

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State Of Rajasthan, Through P.P.

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Inspector General Of Police, Jaipur.

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Superintendent Of Police, Sawai Madhopur.

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S.H.O., Police Station Rawanjana Doongar, District Sawaimadhopur.

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Roopchand S/o Shri Kana, Aged About 45 Years, Resident Of Village Todara Falaudi, Police Station Rawanjana Doongar, Tehsil And District Sawaimadhopur.

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Prabhu Lal S/o Shri Kana, Aged About 50 Years, Resident Of Village Todara Falaudi, Police Station Rawanjana Doongar, Tehsil And District Sawaimadhopur.

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Vivek S/o Shri Roopchand, Aged About 21 Years, Resident Of Village Todara Falaudi, Police Station Rawanjana Doongar, Tehsil And District Sawaimadhopur.

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Vishal S/o Shri Roopchand, Aged About 23 Years, Resident Of Village Todara Falaudi, Police Station Rawanjana Doongar, Tehsil And District Sawaimadhopur.

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Vitesh S/o Shri Roopchand, Aged About 20 Years, Resident Of Village Todara Falaudi, Police Station Rawanjana Doongar, Tehsil And District Sawaimadhopur.

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Shiva S/o Shri Ghanshyam, Aged About 25 Years, Resident Of Village Todara Falaudi, Police Station Rawanjana Doongar, Tehsil And District Sawaimadhopur.

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Deshu S/o Shri Ghanshyam, Aged About 23 Years, Resident Of Village Todara Falaudi, Police Station Rawanjana Doongar, Tehsil And District Sawaimadhopur.

----Respondents

(2 of 3)

[CRLMP-117/2021]

For Petitioner(s)	: Mr.	Ghanshaym Sharma
For Respondent(s)	: Mr.	Ganesh Saini, PP

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HON'BLE MR. JUSTICE SATISH KUMAR SHARMA

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Order

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18/01/2021

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This petition has been filed under Section 482 Cr.P.C for direction to the respondent to investigate the matter in fair and impartial manner of FIR No.0164/2020 registered at Police Station Rawanjana Doongar, District Swai Madhopur for the offences under Sections 143, 341, 323, & 451 IPC.

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Heard learned counsel for both the sides and perused the material made available on record.

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Learned counsel for the petitioner submits that FIR in this matter was lodged on 17.09.2020 but despite repeated request/ representation to the concerned Police officers, no fair and impartial investigation is being conducted in the matter, therefore appropriate directions should be issued to conduct fair and effective investigation in a time bound manner.

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Learned Public Prosecutor submits for appropriate directions.

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Heard. Considered.

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It is well settled legal proposition as expounded in P. Chidambaram Vs. Directorate of Enforcement [(2019) 9 SCC 24] that the investigation is in the domain of the Investigating Officer and the Courts are not supposed to interfere in the investigation, however, it is imperative on his part to conduct the investigation strictly in accordance with law, in fair

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(3 of 3)

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[CRLMP-117/2021]

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and impartial manner, without being influenced by any extraneous consideration.

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Therefore, having regard to the above submissions and keeping in view the material available on record, but without expressing any opinion on merits, the petition is disposed of with the direction to the concerned Superintendent of Police to ensure that investigation in this matter be conducted strictly in accordance with law in fair, impartial and effective manner, and the same be concluded expeditiously preferably within three months.

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A copy of this order under seal and sign of the Court Master be provided to Public Prosecutor for further transmission and compliance.

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(SATISH KUMAR SHARMA),J

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FAHEEM AHMAD /15

Yogesh S/O Shri Nathulal Bairwa v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Yogesh S/O Shri Nathulal Bairwa v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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