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2023 DIGILAW 877 (RAJ)

Uma Paliwal v. State of Rajasthan

2023-04-19

MANOJ KUMAR GARG

body2023
ORDER : 1. The petitioner has preferred this writ petition under Article 226 of Constitution of India and Section 482 of Cr.P.C. for fair re-investigation in FIR No. 81/2022, PS Jhallara, District Udaipur for offences under Sections 302, 201, 120B IPC. 2. Learned counsel for the petitioner submits that earlier, after thorough investigation, Police submitted charge-sheet against accused Babu Kunwar (mother of deceased) only for offence under Section 306 IPC. Counsel further submits that the present writ petition has been filed for re-investigation in the matter for offence under Section 302IPC read with Section201 IPC. This Court while passing the order dated 15.12.2022 has directed the Investigating Officer to investigate the matter on certain points whatever the petitioner has filed in the representation before the Investigating Officer. 3. The following order has been passed by this Court on 15.12.2022: “This Court, looking into the record of the case and the peculiar circumstances, in which the case is progressed, directs the petitioner to bring the pin-pointed issues to the knowledge of the investigating officer through the learned Public Prosecutor. It is made clear that the issues shall not be bulky in nature, but shall be pointing out the exact issues that need to be considered by the investigating officer. The investigating officer present assures the Court that upon being directed, she shall make an investigation regarding those points and file the report before this Court. The said exercise shall not be detrimental to the trial, at this stage, which may continue at its own pace but is an effort by the Court to assess the submissions and counter submissions made by the parties. The pin-pointed representation shall be filed within a period of ten days from today and the investigating officer shall be required to remain present before this Court along with the report on 16.02.2023.” 4. Investigating Officer, present-in-person, submits that in compliance of Court's order dated 15.12.2022, the matter was again thoroughly investigated by her and statements of so many witnessed were recorded and she came to the same conclusion as earlier, i.e., the offence under Section 306 IPC is found proved against accused Babu Kunwar and now the matter is sub-judice before the trial Court against Babu Kunwar. 5. Taking into consideration the entire facts and circumstances of the case, this Court is of the opinion that no interference is called for. 6. 5. Taking into consideration the entire facts and circumstances of the case, this Court is of the opinion that no interference is called for. 6. Accordingly, the criminal writ petition is hereby dismissed. However, the petitioner is at liberty to raise all the objections before the trial Court at the time of framing of charges or at the appropriate stage of trial.