Madhu v. State of Rajasthan, Through Public Prosecutor
2020-05-07
SANJEEV PRAKASH SHARMA
body2020
DigiLaw.ai
JUDGMENT Sanjeev Prakash Sharma, J. - The petitioner by way of this criminal misc. petition has prayed to direct the police to carry out fair and prompt investigation. 2. Learned counsel for petitioner submits that petitioner has lodged an FIR making allegations against certain persons of interfering and causing trespass in the temple and harassing the womenfolk and submits that police is not carrying out proper investigation and has not arrested any person. Learned counsel submits that she has already filed an application to the DG for change of investigation. 3. I have considered the submissions. 4. Once an FIR has been registered, presumption is drawn that the police shall be conducting proper investigation as it is their duty to do so. Merely because the police authorities have not arrested any individual, it cannot be said that investigation is not being done properly. There is no allegation made by the petitioner of any police officer being biased or in favour of the accused nor any person has been impleaded as party to the petition. In such circumstances, filing of criminal misc. petition u/s.482 Cr.P.C. seeking fair and prompt investigation by police, is nothing but an attempt to browbeat the investigation agency and interfere in fair investigation. The court would not exercise its inherent powers under Section 482 Cr.P.C. for such purposes and leaves it for the concerned investigating agency to conduct investigation. 5. The criminal misc. petition is found to be devoid of merit and the same is dismissed.