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2015 DIGILAW 1541 (RAJ)

Anil Kumar v. State of Rajasthan

2015-08-19

PRASHANT KUMAR AGARWAL

body2015
JUDGMENT 1. - The complainant-petitioner has filed this Criminal Misc.Petition under Section 482 Cr.P.C.in respect of FIR No.193/2013 registered at Police Station Ajeetgarh (District Sikar) for offences under Sections 420, 467, 468, 471 read with Section 120-B IPC with a prayer to hand over the investigation of the case to any honest and fair investigating agency and more particularly to the Central Bureau of Investigation. It is to be noted that in the meanwhile investigation has been completed and negative final report is proposed to be filed in the competent Court. 2. Brief relevant facts for the disposal of this petition are that the aforesaid FIR came to be registered on 22.06.2013 at the instance of the petitioner and investigation was undertaken by the local police which was later on handed over to CID (CB), Jaipur. Dissatisfied with course of investigation petitioner submitted representations to higher police authorities from time to time and still dissatisfied with the quality of investigation he has come to this Court by way of this petition with the aforesaid prayer. 3. It was submitted by the learned counsel for the petitioner that during investigation the document in question was sent to FSL for the opinion of handwriting expert and as per report received from FSL, the same has been found to be fabricated and forged but even then under influence of the accused-party the investigating agency is not filing charge-sheet but negative final report has been proposted to be filed. It was prayed that in the interest of justice, the investigation in the present case be transferred to a more competent and efficient investigating agency like CBI. 4. On the other hand, on the basis of case diary and the factual report dated 13.8.2015, it was submitted by the learned Public Prosecutor that on the basis of evidence collected during investigation including the report of FSL, no offence has been found to have been committed and, therefore, negative final report has been proposed to be filed. 5. 4. On the other hand, on the basis of case diary and the factual report dated 13.8.2015, it was submitted by the learned Public Prosecutor that on the basis of evidence collected during investigation including the report of FSL, no offence has been found to have been committed and, therefore, negative final report has been proposed to be filed. 5. On consideration of submissions made on behalf of the respective parties and the material made available on record including the evidence collected during investigation which has been produced before me by way of case diary and more particularly looking to the factual report dated 13.08.2015 according to which the dispute between the parties have been opined to be of civil nature and negative final report has been proposed to be filed in the Court concerned, I am of the view that in the facts and circumstances of the case, no such order can now be passed as prayed by the petitioner. It is well settled legal position that this Court can order for a fair and impartial investigation if the facts of the case so required but once after investigation investigating agency has arrived at a particular conclusion, no interference can be made by the Court. It is well settled legal position that the Court can not direct the investigating agency to arrive at a conclusion in a particular way or to direct it to file charge sheet or negative final report in a case. 6. Consequently, the criminal misc.petition being meritless is, hereby, dismissed. The stay application also stands dismissed. 7. However, the complainant-petitioner has a right to file protest petition against the final report, if it is filed in the Court concerned. It is also made clear that this Court has not expressed any view on the merits of the case. *******