Disposed

Smt. Kamla W/O Reshma v. State of Rajasthan

Rajasthan HC3 Sept 2021CRLMP/1303/2020

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition under Section 482 Cr.P.C., the High Court directed the Superintendent of Police to ensure a fair, impartial, and effective investigation into an FIR quashing the matter. The Court ordered the investigation to be concluded expeditiously within three months, citing the imperative of impartial investigation without interfering in the investigative domain unexpecte

What did the court decide?

Direction to Superintendent of Police to ensure fair, impartial, and effective investigation of FIR No. 1019/2019 and conclusion within three months.

Smt. Kamla W/O Reshma Vs State of Rajasthan — Criminal Trial and Appeal | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Criminal Miscellaneous (Petition) No. 1303/2020

¶3

Smt. Kamla W/o Reshma, R/o Vijaynagar Road, Suresh Nagar Second Sedariya Distt. Ajmer Rajasthan.

¶4

----Petitioner

¶5

Versus

¶6

State Of Rajasthan, Through PP

¶7

Superintendent Of Police, Ajmer

¶8

The Station House Officer, Police Station Beyawer Sahar Distt. Ajmer.

¶9

Teh. Investigating Officer, Police Station Beyawer Sahar Distt. Ajmer.

¶10

----Respondents

¶11

For Petitioner(s) : Mr. Hanish Khan For Respondent(s) : Mr. Ganesh Saini, PP

¶12

HON'BLE MR. JUSTICE SATISH KUMAR SHARMA

¶13

Order

¶14

03/09/2021

¶15

This petition has been filed under Section 482 Cr.P.C for direction to the respondents to investigate the matter in fair and impartial manner of FIR No. 1019/2019 registered at Police Station Beyawar City, District Ajmer for the offence under Sections 420, 406 & 504 IPC.

¶16

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

¶17

Learned counsel for the petitioner submits that the present FIR for offence under Sections 420, 406 & 504 IPC was registered on 27.11.2019. Despite repeated requests/ representations to the concerned Police officers, no fair and impartial investigation is

¶18

(2 of 2)

¶19

[CRLMP-1303/2020]

¶20

being conducted in the matter under the influence of the accused persons, therefore appropriate directions should be issued to conduct fair and effective investigation in a time bound manner. 4. Learned Public Prosecutor submits for appropriate directions. 5. Heard. Considered.

¶21

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

¶22

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.

¶23

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

¶24

(SATISH KUMAR SHARMA),J

¶25

SAHIL SONI /10

Smt. Kamla W/O Reshma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Smt. Kamla W/O Reshma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Kamlendra Singh Vs State of Rajasthan through Pp.

Dr B S Tomar Vs State of Rajasthan through Pp

Yogesh Singh Son of Shri Laxman Singh, Vs State of Rajasthan

Brijendra Singh S/O Shri Prayag Singh Vs State of Rajasthan

Mukesh Kumar Choudhary and Ors. Vs State of Rajasthan and Anr.

Mahaveera Son of Shri Kaluaa, Vs State of Rajasthan