This order dismisses a petition where the accused sought directions for fair investigation. The bench held that an accused has no right to demand a change of investigating agency or a specific mode of investigation, relying on Romila Thapar and the consistent Supreme Court view on court-monitored investigations.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 4142/2022
Anil S/o Rosan Banjara, R/o Damodar Ka Bas Tan Golaka Bas P.s. Tahla Tehsil Rajgarh District Alwar (Rajasthan).
----Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Kartar Singh for Mr. Pavan Kumar Adv.
For Respondent(s) : Mr. Prashant Sharma, PP
HON'BLE MR. JUSTICE BIRENDRA KUMAR Order
10/10/2022
The petitioner is an accused in FIR No. 103/2021 registered with Police Station Tahla, District Alwar for offences under Sections 143, 454, 307 IPC and 3/25 of Arms Act.
The petitioner has approached this court seeking direction for fair investigation of the case.
The petitioner has no such right, as held by the Hon’ble Supreme Court in case of Romila Thapar vs. Union of India reported in (2018) 10 SCC 753. The Hon’ble Supreme Court after considering the earlier judgments noted in para 30 that “The consistent view of this court is that the accused cannot ask for changing the Investigating Agency or to do investigation in a particular manner including for court-monitored investigation.”
Hence, the petition stand dismissed.
Pending application, if any, stands disposed of.
(BIRENDRA KUMAR),J
ANIL SHARMA /95
1 issue framed by the court
Whether an accused has a right to seek fair investigation or request the Investigating Agency to change the style of investigation.
Colour shows how this judgement treated each authority
Romila Thapar vs. Union of IndiaReferred¶14
Romila Thapar vs. Union of India reported in (2018) 10 SCC 753 · Who else cites this
Anil S/o Rosan Banjara
State Of Rajasthan
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
