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2021 DIGILAW 189 (RAJ)

Sajid Khan v. State Of Rajasthan

2021-01-22

SATISH KUMAR SHARMA

body2021
JUDGMENT Satish Kumar Sharma, J. - This Petition has been filed under Section 482 Cr.P.C. seeking fair and impartial investigation and to transfer the investigation to an independent officer in FIR No.0574/2020 registered at Police Station Ramgarh District Alwar for offences under Sections 143, 323, 341, 354 read with 34 IPC. 2. Heard learned counsel for both the sides and perused the material available on record. 3. Learned counsel for the petitioner submits that the petitioner sustained grievous injury on his head, still the police is not conducting investigation in fair and impartial manner and no effective steps have been taken by the Investigating Officer under the influence of accused persons. No accused has been arrested so far and it is likely that challan is filed for bailable offences under the the influence of accused persons. Therefore, either the investigating Officer be changed or appropriate directions be issued for fair and effective investigation in a time bound manner. 4. Learned Public Prosecutor submits for appropriate directions. 5. Heard. Considered. 6. It is well settled legal position expounded in P. Chidambaram Vs. Directorate of Enforcement, (2019) 9 SCC 24 that the investigation is in the domain of the Investigating Officer and the courts are not supposed to interfere in the investigation, however, it is imperative on his part to conduct the investigation strictly in accordance with law in fair and impartial manner without being influenced by any extraneous consideration. 7. Therefore, having regard to the above submissions and keeping in view the material available on record, but without expressing any opinion on merits, the petition is disposed of with the direction to the concerned Superintendent of Police to ensure that investigation in this matter be conducted strictly in accordance with law in fair, impartial and effective manner, and the same be completed preferably within three months. 8. A copy of this order under seal and sign of the Court Master be provided to Public Prosecutor to transmit the same for further transmission and compliance.