Research › Search › Judgment

Rajasthan High Court · body

2006 DIGILAW 3135 (RAJ)

Vikram Kapoor v. State of Rajasthan

2006-11-30

HARBANS LAL

body2006
JUDGMENT 1. - The instant petition under Section 482 Cr.P.C. has been filed by petitioner Vikram Kapoor seeking directions to the investigating agency to arrest accused non-petitioner Nos. 4 and 5 in the FIR No. 356/2004 PS Brahmpuri, Jaipur inter-alia on the ground that despite clear mandate and directions to expedite the investigation without un-necessary delay and after investigation the case having been found to be proved, no charge-sheet has been filed till date. 2. After the matter came up before the court last and in view of the observations made by the court and the legal position obtaining in this behalf, an application under Section 482 Cr.P.C. has been filed for substituting amended prayer as under: "It is, therefore, humbly prayed that your lordships may very graciously be pleased to allow this misc. petition, filed by the petitioner and be further pleased to direct the respondents No. 2 and 3 to file investigation report forthwith in FIR No. 356/2004, registered at Police Station Brahmpuri, Jaipur. 3. After having heard learned counsel for the parties on the aforesaid application on keeping in view the settled legal position in this behalf, the application for substitution/amendment of the prayer is allowed and the above amended prayer as made in the applications allowed to be substituted in place of the original prayer in the petition. 4. I have perused the case diary. 5. A perusal of the case diary reveals that the complaint filed by M/s. S.N. Kapoor Exports and Vikram Kapoor under Sections 190 Cr.P.C. for the offences under Sections 420 and 406 IPC was forwarded under Section 156(3) Cr.P.C. to the SHO, PS Brahmpuri for investigation and on its basis FIR No. 356/2004 has been registered. It also appears that after investigation made by more than one officers, the case has been found to be proved but the result of the investigation has not been filed in the concerned court despite lapse of over two years. Although, Section 173(1) Cr.P.C. provides that every investigation shall be completed without unnecessary delay. Keeping the investigation pending for such a long period without filing its result in the court not only reflects adversely on the working of the investigating agency and tarnishes the fair image of the police administration as a whole, but also creates avoidable apprehensions in the mind of the concerned parties. 6. Keeping the investigation pending for such a long period without filing its result in the court not only reflects adversely on the working of the investigating agency and tarnishes the fair image of the police administration as a whole, but also creates avoidable apprehensions in the mind of the concerned parties. 6. Under these circumstances, directions need be issued in exercise of the inherent jurisdiction of this court provided under Section 482 Cr.P.C. for securing the ends of justice. 7. Consequently, this petition under Section 482 Cr.P.C. is allowed and it is directed that the result of investigation be filed before the court within a period of one week from the date of receipt of the copy of this order, otherwise, the I.G.P. incharge shall appear in person before the court and to explain the delay in not filing the result of the investigation before the concerned court. A copy of the order alongwith the case diary be provided to the learned Public Prosecutor for ensuring necessary compliance.Petition allowed. *******