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Rajasthan High Court · body

2019 DIGILAW 2308 (RAJ)

Shalu Kumari v. State of Rajasthan

2019-08-27

PANKAJ BHANDARI

body2019
JUDGMENT Pankaj Bhandari, J. -Petitioner has preferred this Criminal Miscellaneous Petition seeking fair investigation in F.I.R. No.216/2019. 2. It is contended by counsel for the petitioner that Police has submitted charge-sheet against parents of petitioner and has kept the matter pending under Section 173(8) of Cr.P.C. against the petitioner. 3. It is also contended that petitioner was a minor on the date of the alleged offence. Her Board Secondary Certificate is annexed as Annexure-2. As per which, her date of birth is 10.02.2000. 4. It is contended that a representation was made to the Inspector General of Police, Kota City, wherein it was specifically mentioned by the petitioner that petitioner's parents are in custody, the Investigating Officer Harish Singh S.I. is abusing and threatening the petitioner and comes to her home without lady constable after consuming liquor. 5. Prayer is made that matter be handed over to some other Investigating Officer, as in spite of representation made by the petitioner to the Inspector General of Police, Kota Range, Kota in F.I.R. No.216/2019, Investigating Officer has not been changed. 6. I have considered the contentions. 7. In view of the fact that a limited prayer is made for fair and impartial investigation, notices need not be issued to the complainant-respondent. Petitioner was a minor on the date of the alleged incident and allegation against her is of only receiving money on behalf of her father. She has made specific allegation against the present Investigating Officer, hepnce, I deem it proper to allow the present Criminal Miscellaneous Petition. 8. The same is accordingly allowed. Stay application stands disposed. 9. Inspector General of Police, Kota Range, Kota in F.I.R. No.216/2019 is directed to hand over the investigation to some other Officer. 10. Copy of this order be sent to I.G. Police, Kota Range for compliance.