Dismissed

Victim-a v. State of Rajasthan

Rajasthan HC2 Aug 2021CRLMP/588/2021

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 a fair, impartial, and effective investigation into offences under the IPC, concluding it within three months, citing P. Chidambaram.

What did the court decide?

Direction to the Superintendent of Police to ensure the investigation is conducted fairly, impartially, and effectively and concluded within three months.

Victim-a Vs State of Rajasthan — Cheque Dishonour | 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. 588/2021

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Victim-A, R/o village Kankra Maohammadpur Tehseel Behror, Distt. Bhiwari PS Behror

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----Petitioner

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Versus

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State Of Rajasthan, Through The P.P

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Station House Officer Of Police Station Behror, District Bhiwari District Alwar

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The Superintendent Of Police, District Alwar

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----Respondents For Petitioner(s) : Mr. Manish Gupta For Respondent(s) : Mr. SP Sharma, PP

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HON'BLE MR. JUSTICE SATISH KUMAR SHARMA

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Order

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02/08/2021

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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. 962/2020 registered at Police Station Behror, District Bhiwari for the offences under Sections 341, 323, 376-D & 34 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 the FIR was lodged way back on 25.11.2020 but till date no effective steps have been taken under the influence of the opposite party. Despite repeated request/ representation to the concerned Police officers, no fair and impartial investigation is being conducted in the

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(2 of 2)

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[CRLMP-588/2021]

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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. 5. 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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RAHUL CHHIKARA /114

Victim-a v. State of Rajasthan

Case brief

What is this about?

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Victim-a v. State of Rajasthan

Case brief

What is this about?

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