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2021 DIGILAW 531 (RAJ)

Dinesh Chand v. State of Rajasthan

2021-03-02

SATISH KUMAR SHARMA

body2021
ORDER 1. 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. 384/2020 registered at Police Station Kathumar, District Alwar for the offence under Section 379 IPC. 2. Heard learned counsel for both the sides and perused the material made available on record. 3. Learned counsel for the petitioner submits that the present FIR was registered on 10.09.2020. The concerned Investigating Officer is colluding with the accused and thus, the investigation is not being done properly. Despite repeated requests/ representations to the concerned Police officers, no fair and impartial investigation is being conducted in the matter, therefore appropriate directions should be issued to conduct 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 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 strictly in accordance with law in fair, impartial and effective manner, and the same be concluded expeditiously preferably within three months. 8. A copy of this order under seal and sign of the Court Master be provided to Public Prosecutor for further transmission and compliance.