Disposed

Rajendra Kumar Chouhan, v. State of Rajasthan

Rajasthan HC13 Mar 2024CRLMP/961/2024

Case brief

AI extract

What is this about?

Petition under Section 482 CrPC seeking transfer of investigation regarding proposed negative final report. Court declined transfer as investigation was conducted by a Deputy Superintendent of Police. Petition disposed of with liberty for petitioner to take legal remedy upon filing of the report.

What did the court decide?

Liberty to take appropriate legal remedy in case the negative final report is filed.

Rajendra Kumar Chouhan, Vs State of Rajasthan — Criminal Trial and Appeal | Rajasthan HC (2024)

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[2024:RJ-JP:12709]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 961/2024

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Rajendra Kumar Chouhan, Aged About 52 Years, R/o Bapu Basti Jugalpura, Thoi, Sikar, Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p.

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Superintendent Of Police, District Sikar (Rural)(Raj.)

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Deputy Superintendent Of Police, Neem Ka Thana, Sikar 4. S.h.o. Police Station, Thoi, Sikar, Rajasthan.

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Ganesh Ram Ghosalya S/o Jagguram Jat, R/o Gudliya, Govindgarh, Jaipur Rural, Rajasthan.

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Anup Ghosalya S/o Ganeshram Jat, R/o Gudliya, Govindgarh, Jaipur Rural, Rajasthan

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Damodar Khatik S/o Balchand, R/o Bapu Basti Tan Jugalpura, Tyhoi, Sikar, Rajasthan

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Narsi Yadav, R/o Basari Kalan, Thoi, Sikar, Rajasthan.

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Raju Jat S/o Bhiva Jat, R/o Lamba Ki Dhani, Pritampuri, Thoi, Sikar, Rajasthan.

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Balbeer Singh, R/o Choki Prabhari Kanwat, Thoi Sikar, Rajasthan.

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Ramu Saini, R/o Police Choki Kanwat, Thoi, Sikar, Rajasthan

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Ashok Kumar, R/o Police Choki Kanwat, Thoi, Sikar, Rajasthan

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----Respondents

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For Petitioner(s) : Mr. Abhishek Vashisht for Mr. Nikhil Sharma For Respondent(s) : Mr. B L Nasuna, PP Mr. Insar, DSP Khandela

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HON'BLE MR. JUSTICE SUDESH BANSAL Order

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13/03/2024

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Petitioner has filed instant Criminal Miscellaneous Petition under Section 482 CrPC, seeking to transfer the investigation of FIR No.269/2022 to any higher officer or an independent investigation agency.

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Learned Public Prosecutor has placed on record the status report of investigation dated 10.03.2024 and pointed out that in

[2024:RJ-JP:12709]

[CRLMP-961/2024]

(2 of 2)

FIR No.269/2022, investigation was carried out by an Officer of the Rank of Deputy Superintendent of Police and after thorough investigation, a final negative report has been proposed which is likely to be filed before the concerned Court.

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In view of the status report dated 10.03.2024, this Court does not deem it just and proper to issue any further directions for transferring the investigation. Petitioner himself is an accused in FIR No.186/2022 and has personal dispute with one Ganesh Ram Ghosalya , therefore, it appears that the impugned FIR was lodged by him, implicating Ganesh Ram Ghosalya and other persons.

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Counsel for petitioner in view of the proposed negative final report, does not press this petition and seeks liberty to take appropriate legal remedy in case the negative final report is filed. 5. Accordingly, in view of above, instant petition is disposed of with the liberty as prayed.

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(SUDESH BANSAL), J

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RONAK/399

Rajendra Kumar Chouhan, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rajendra Kumar Chouhan, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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