JUDGMENT 1. - The prayer in the petition is to transfer the investigation of the FIR No.78/2011, registered at Police Station Kalwar, Jaipur Rural to Central Bureau of Investigation for further investigation with the ancillary directions of expeditious and fair investigation. 2. The facts of the case are that the petitioner's father Banshidhar was brutally murdered in the "under construction campus" of a college on 4-6-2011, whereupon an FIR No.78/2011 was lodged at Police Station Kalwar, Jaipur inter alia for an offence under section 302 IPC by the petitioner. 3. It is submitted by Shri Bajwa that the petitioner has in his statements under section 161 Cr.P.C. detailed persons against whom there was suspicion for the murder of his father and yet no effective and fair investigation appears to have been conducted. He submits that even after a lapse of about one year from the registering of the FIR no conclusions from the investigations have been arrived at. It is submitted that the petitioner is aggrieved of slipshod and slack investigation by the police authorities and the investigation is thus apparently not in accordance with the statutory prescription of Section 173 Cr.P.C. 1973 which mandates that every investigation under Chapter 12 of the Act should be completed without unnecessary delay. It is submitted that the petitioner is continuing to suffer a sense of injustice on being denied the perpetrator of his father's murderer brought to justice. 4. Mr. Zakir Hussain, learned counsel for the State submits that the police is carrying out requisite investigation with all reasonable dispatch and has investigated several persons with regard to murder. He submits that, yet, however, unfortunately no lead to the accused who could reasonably be suspected of the murder has been obtained. It is submitted that the words "without unnecessary delay" in Section 173 Cr.P.C. 1973 are not words of definitive import but merely indicative of the need for expeditious investigation as may be possible in the context of a given case. He submits that the case at hand has no eye witnesses and needs deep investigation to find both the motive and the circumstances leading to the murder of Banshidhar. Mr. Hussain prays for some time to the Investigating Officer to complete the investigation. He points out importantly that no mala fides have been alleged against the police to warrant transfer of the case to CBI. 5.
Mr. Hussain prays for some time to the Investigating Officer to complete the investigation. He points out importantly that no mala fides have been alleged against the police to warrant transfer of the case to CBI. 5. Having heard learned counsel for the parties, I am of the view that for the present it would be sufficient to direct the Investigating Officer of FIR No.78/2011, PS Kalwar Jaipur Rural to carry out a fair and expeditious investigation into FIR No.78/2011, PS Kalwar Jaipur Rural taking into consideration all material and information supplied by the petitioner to him. The police report under section 173 Cr.P.C. one way or the other in respect of FIR No.78/2011, PS Kalwar, Jaipur Rural be filed within four months from furnishing a certified copy of this order to the SHO of Police Station Kalwar, Jaipur Rural. Thereafter if the petitioner is aggrieved of the final report filed by the police he can avail his remedy under the provisions of Code of Criminal Procedure, 1973. 6. The writ petition stands disposed of accordingly.Petition Disposed of. *******