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Rajasthan High Court · body

2021 DIGILAW 38 (RAJ)

Vijay Kumar Dhanka v. State Of Rajasthan

2021-01-05

SATISH KUMAR SHARMA

body2021
JUDGMENT Satish Kumar Sharma, J. - This petition has been filed under Section 482 Cr.P.C for direction to the respondent to investigate the matter in fair and impartial manner of FIR No.301/2020 registered at Police Station Virat Nagar, District Jaipur Rural for the offences under Sections 143, 323, 341, 447, 427, 504, 354 of IPC and Sections 3(1)(g), 3(1)(r), 3(2)(Va), 3(1)(S) of SC/ST (Prevention of Atrocities) Act, 1989. 2. Heard learned counsel for both the sides and perused the material made available on record. 3. Learned counsel for the petitioner submits that despite repeated request/ representations no effective action has been taken in the FIR lodged by the petitioner on 21.11.2020 under the influence of accused persons. He further submits that the accused persons are threatening the petitioner. Therefore, appropriate direction should be issued to ensure effective impartial investigation in a time bound manner with protection for life and liberty of the petitioner. 4. Learned Public Prosecutor submits for appropriate directions. 5. Heard. Considered. 6. It is well settled legal proposition as 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 in fair and impartial and effective manner, strictly in accordance with law and the same be concluded expeditiously preferably within three months. 8. Further concerned Superintendent of Police shall ensure that after due enquiry appropriate steps shall be taken for protection of life and liberty of the petitioner in accordance with law. 9. A copy of this order under seal and sign of the Court Master be provided to Public Prosecutor to transmit the same for further compliance.