Disposed

Abrar Ahamad Son of Shri Jameel Ahamad, v. State of Rajasthan

Rajasthan HC1 Sept 2021CRLMP/4940/2021

Case brief

AI extract

What is this about?

The High Court disposed of a petition under Section 482 Cr.P.C. directing the Superintendent of Police to ensure the FIR is investigated strictly according to law in a fair, impartial, and effective manner, with a directive to conclude the investigation expeditiously within three months.

What did the court decide?

Direction to the Superintendent of Police to ensure investigation is conducted strictly in accordance with law in a fair, impartial, and effective manner, to be concluded within three months.

Abrar Ahamad Son of Shri Jameel Ahamad, Vs State… — Criminal Trial and Appeal | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 4940/2021

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Abrar Ahamad Son Of Shri Jameel Ahamad, Resident Of House No. 3615, Kalyan Ji Ka Rasta, Chandpole, Jaipur (Raj).

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Smt. Shamima Akhtar Wife Of Mohammad Salim Sayyad, Resident Of House No. 3615, Jahoor Mohammad Ki Haveli, Kalyan Ji Ka Rasta, Third Chouraha, Chandpole Bazar, Jaipur (Raj).

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Dr. Mohammad Asif Sayyad Son Of Shri Mohammad Salim Sayyad, Resident Of House No. 3615, Jahoor Mohammad Ki Haveli, Kalyan Ji Ka Rasta, Third Chouraha, Chandpole Bazar, Jaipur (Raj).

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----Petitioners

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Versus

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State Of Rajasthan, Through PP

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Director General Of Police, Rajasthan, Jaipur.

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Commissioner Of Police, Jaipur Metropolitan, Jaipur (Raj).

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Station House Officer, Police Station JDA, Jaipur (Raj).

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----Respondents

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For Petitioner(s) : Mr. Karanpal Singh For Respondent(s) : Mr. Riyasat Ali, PP

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HON'BLE MR. JUSTICE SATISH KUMAR SHARMA Order

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01/09/2021

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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. 286/2014 registered at Police Station JDA, District Jaipur, Rajasthan for the offence under Sections 420, 406, 467, 468, 471 & 120-B IPC.

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

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(2 of 2)

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[CRLMP-4940/2021]

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Learned counsel for the petitioners submits that the present FIR for cheating and forgery was registered way back on 11.03.2014 but till date no effective steps have been taken by the Investigating Agency, 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 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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SAHIL SONI /39

Abrar Ahamad Son of Shri Jameel Ahamad, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Abrar Ahamad Son of Shri Jameel Ahamad, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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