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2005 DIGILAW 875 (RAJ)

Gajadhar Poojari v. State of Rajasthan

2005-03-21

K.C.SHARMA

body2005
Judgment K.C. Sharma, J.-Heard Counsel for the parties. 2. In this petition, the grievance of the petitioners is confined only to the extent that respondents be directed to complete the investigation expeditiously, which is pending for last more than 3 years and to submit a report under Section 173, CrPC, in the Court of competent jurisdiction. 3. Petitioner Gajadhar Poojari lodged a report on 03.02.2002 at Police Station Laxmangarh, district Sikar, whereuponn the police registered a case for offence under Sections 406 and 397 IPC, and proceeded with the investigation. The police completed investigation on 112.2003 and drawn charge-sheet against accused Shyam Sunder, Nand Lal @ Nand Kishore and Kishan Lal thereby making out a case for offence Under sections 406, 379, 109 and 120-B, IPC. But before the charge-sheet could be filed in the concerned Court, the Additional Director General of Police ordered for transferring the case to C.I.D. (Crime Branch), where investigation is still pending. The petitioners have been approaching the concerned authorities time and again and requesting them to get the investigation completed and charge-sheet submitted, against the accused persons, and all their efforts have proved futile as there has been no progress in the investigation till date. 4. Undisputely, the FIR lodged in the month of February, 2002 is still pending investigation. It is thus clear that the police has not been able to complete the investigation depiste the fact that considerable period of more than 3 years has elapsed, which in my view has caused serious prejudice to the petitioners. In this view of the matter, I feel it in the interest of justice to direct the investigating officer to complete the investigation expeditiously and submit the report under Section 173, CrPC. 5. Consequently, this petition is allowed, The concerned investigating officer is directed to complete the investigation in FIR No. 30/2002 initially lodged at Police Station Laxmangarh (Sikar) on 03.02.2002 and submit the report under Section 173, CrPC, in the Court of competent jurisdiction. Copies of this order be sent to respondents No. 3 to 5 to ensure compliance of directions contained in this order.