Manoj Kumar Son of Late Subhash Chand, Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

Manoj Kumar Son of Late Subhash Chand, Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the Investigation Officer to conclude the investigation within a period of eight weeks from the date of passing of the order; the petition was disposed of and pending applications, if any, stand disposed of. No transfer to an independent investigating agency was directed.

Issue for consideration

Whether the Court should give a direction for fair investigation in FIR No.468/2024 (Police Station Kalwar, District Jaipur West) and transfer the investigation to an independent investigating agency.

Court's answer

On perusal of the factual report dated 08.05.2025, the Court noted that the dispute is inter se the petitioner and respondent No.7.

Ratio / Principle

The Court directed the Investigation Officer to conclude the investigation in the instant matter within eight weeks from the date of passing of this order, and thereafter disposed of the petition.

Key takeaways

The Court further noted that a civil proceeding is pending (sub judice) before the learned Civil Court.obiter¶27

Detailed headnote1 paragraphs

Rajasthan High Court (Jaipur Bench), S.B. Criminal Miscellaneous (Petition) No. 1194/2025, decided 09/05/2025 by Hon'ble Mr. Justice Sameer Jain. Petitioner Manoj Kumar, through a petition under Section 528 of BNSS, sought a direction for fair investigation in FIR No.468/2024 dated 23.11.2024 of Police Station Kalwar, District Jaipur (West) — registered for offences under Sections 115(2), 140(3), 308(2), 127(2), 303(2), 3(5) of the BNS 2023 — and for transferring the investigation to an independent investigating agency. On the Investigating Officer's factual report dated 08.05.2025 furnished pursuant to earlier directions, the Court observed that the dispute was inter se the petitioner and respondent No.7 (Virendra Singh S/o Subhash Chand) and that a civil proceeding was sub judice before the Civil Court. The Court directed the Investigation Officer to conclude the investigation within eight weeks from the date of the order and disposed of the petition, with pending applications likewise standing disposed of.

[2025:RJ-JP:19716]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 1194/2025

Manoj Kumar Son Of Late Subhash Chand, Resident Of Maheshwas Kalan, Kalwar, Jaipur (Raj).

----Petitioner

Versus

State Of Rajasthan, Through P.P.

The Superintendent Of Police, Commissionerate, Jaipur.

The Commissioner Of Police, Commissionerate, Jaipur.

Anil Son Of Rampal

Mrs. Sharmila W/o Virenra Singh

Teenu S/o Virendra Singh

Virendra Singh S/o Subhash Chand

Naveen

All Resident Of Devroad, Pilani, Jhunjhunu, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Gaurav Sharma

For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP Mr. Rishi Raj Singh Rathore, PP Mr. Narendra, ASI, PS-Kalwar Jaipur present in person

HON'BLE MR. JUSTICE SAMEER JAIN

Judgment

09/05/2025

Present petition is filed under Section 528 of BNSS seeking direction for fair investigation in FIR No.468/2024 dated 23.11.2024 registered at Police Station Kalwar, District Jaipur (West) for the offence under Sections 115(2), 140(3), 308(2), 127(2), 303(2), 3(5) of the BNS 2023 and for transferring the investigation in the instant matter to an independent investigating agency.

[2025:RJ-JP:19716]

[CRLMP-1194/2025]

(2 of 2)

In compliance of the directions passed on erstwhile occasion, Investigating Officer has marked presence in the Court and has furnished the factual report dated 08.05.2025. Officer has submitted that investigation in the instant matter is ongoing.

Upon perusal of the factual report, it is noted that the dispute is inter-se the petitioner and the respondent No.7. It is further noted that civil proceeding is subjudice before the learned Civil Court.

Investigation Officer is directed to conclude the investigation in the instant matter within a period of eight weeks from the date of passing of this order.

In view of the above, the present petition is disposed of. Pending applications, if any, shall stand disposed of.

(SAMEER JAIN),J

JKP/132