Gopi Chand Yadav S/O Murlidhar Jati Ahir, Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

Gopi Chand Yadav S/O Murlidhar Jati Ahir, Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty granted to the petitioner to move an application under Section 200 Cr.P.C. before the court concerned, pursuant to the Apex Court's directions in Sakiri Vasu (2008 (2) SCC 409), to obtain the status report of the investigation; the trial court to pass appropriate orders strictly in accordance with law. The direct directions for fair investigation sought were not granted; the petition was disposed of with these observations.

Issue for consideration

Whether directions should be issued for a fair, proper and impartial investigation in FIR No. 219/2025 registered with Police Station Khandela, District Sikar, given the petitioner's allegation that the police is not proceeding fairly.

Court's answer

Since the FIR was registered in July 2025, the petitioner is at liberty to move an application under Section 200 Cr.P.C. before the court concerned, in pursuance of the directions of the Hon'ble Apex Court in Sakiri Vasu Vs. State Of U.P. And Others (2008 (2) SCC 409), to get the status report of the investigation.

Ratio / Principle

If such an application is submitted by the petitioner before the trial court, appropriate orders shall be passed by the court concerned strictly in accordance with law.

Key takeaways

With the aforesaid observations, the instant criminal miscellaneous petition stands disposed of.ratio¶20

Detailed headnote1 paragraphs

S.B. Criminal Miscellaneous (Petition) No. 5233/2025, High Court of Judicature for Rajasthan, Jaipur Bench (Anoop Kumar Dhand, J.), decided 24/11/2025. Gopi Chand Yadav sought directions for a fair, proper and impartial investigation in FIR No. 219/2025, Police Station Khandela, District Sikar, alleging that although the FIR against the accused person was registered on 05.07.2025, the police was not proceeding in a fair and proper manner. The Public Prosecutor opposed, stating the matter was still at the investigation stage. Observing that the FIR had been registered in July 2025, the Court did not itself issue investigative directions; instead, in pursuance of the Hon'ble Apex Court's directions in Sakiri Vasu Vs. State Of U.P. And Others, 2008 (2) SCC 409, it granted the petitioner liberty to move an application under Section 200 Cr.P.C. before the court concerned to get the status report of the investigation, with the court concerned to pass appropriate orders strictly in accordance with law. Petition disposed of accordingly.

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 5233/2025

Gopi Chand Yadav S/o Murlidhar Jati Ahir, R/o Dhani Sitaramvali, Meharo Ki Dhani, Khendela, District Sikar.

----Petitioner

Versus

1. State Of Rajasthan, Through Public Prosecutor. 2. Director General Of Police, Rajasthan, P.h.q. Lalkothi, Jaipur.

1. Superintendent Of Police, District Sikar 4. S.H.O. Police Station Khandela, District Sikar

----Respondents

For Petitioner(s)	: Mr. Dharmendra Fageria
For Respondent(s)	: Mr. Vivek Choudhary-PP

JUSTICE ANOOP KUMAR DHAND

Order

24/11/2025

The instant misc. petition has been preferred by the petitioner seeking directions for fair, proper and impartial investigation in FIR No. 219/2025 registered with Police Station Khandela, District Sikar.

Learned counsel for the petitioner submits that an FIR was registered against the accused person on 05.07.2025, but the Police is not proceeding in a fair and proper manner, so appropriate directions be issued to the Investigating Officer for conducting a fair and impartial investigation.

Per contra , learned Public Prosecutor opposes the prayer and submits that the matter is still at investigation stage and it will

[CRLMP-5233/2025]

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take its own time & motion, so directions sought for should not be granted.

Looking to the fact that the FIR has been registered in the month of July, 2025, this Court is of the view that the petitioner is at liberty to move an application under Section 200 Cr.P.C., in pursuance of the directions issued by the Hon’ble Apex Court in the case of Sakiri Vasu Vs. State Of U.P. And Others reported in 2008 (2) SCC 409 , before the court concerned to get the status report of the investigation.

In case, any application, as mentioned above, is submitted by the petitioner before the trial court, appropriate orders shall be passed by the court concerned strictly in accordance with law. 6. With the aforesaid observations, the instant criminal misc. petition stands disposed of.

(ANOOP KUMAR DHAND),J

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