HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No.695/2019 Shrinath@angur S/o Shri Kishan Singh Gurjar, Aged About 45 Years, R/o Moroli Ps Kotwali Dist. Dholpur ----Petitioner Versus 1. State Of Rajasthan, Through Pp 2. A.C.S.(Home), Govt. Of Raj. Jaipur 3. D.G.P. Rajasthan Police, PhQ Lal Kothi Jaipur 4. Superintendent Of Police, Dist. Dholpur 5. S.H.O. PS Basai Dang, Dist. Dholpur ----Respondents For Petitioner(s) : Mr. Anil Jain For Respondent(s) : Mr. Rajesh Choudhary, GA-cum-AAG Mr. Jitendra Singh Rathore, PP JUSTICE ANOOP KUMAR DHAND Order 17/04/2026 1. By way of filing the instant criminal misc. petition, a prayer has been made for issuing directions to the Investigating Officer for making fair and impartial investigation in the FIR No.41/2019 and a prayer has also been made for transferring the investigation of the aforesaid FIR registered with the Police Station Bassai Dang, District Dholpur for the offences punishable under Sections 302 & 307 IPC to the Central Bureau of Investigation (CBI). 2. Learned counsel for the petitioner submits that, in a fake encounter, two persons have been murdered by the police officials. Learned counsel submits that since police officials are involved in the instant matter, hence, the local police is not (2 of 3) [CRLW-695/2019] investigating the matter in a fair and proper way, so in the interest of justice, investigation of the instant case be transferred to the CBI. 3. Per contra, learned Government Advocate-cum-Additional Advocate General, Mr. Rajesh Choudhary submits that after thorough investigation in the instant matter, Final Report (Negative) has been submitted before the court of Additional Chief Judicial Magistrate No.02, Bari, District Dholpur on 01.11.2021. Hence, under the changed circumstances, the instant criminal misc. petition has been rendered infructuous. He further submits that against the Final Report (Negative), a protest petition was submitted by the petitioner-complainant and now the case is posted for recording the evidence of the petitioner-complainant and his witnesses. 4. Heard and considered the submissions made at the Bar and perused the material available on the record. 5. Considering the facts and circumstances, as narrated by rival sides, it is not in dispute that after investigation, the Final Report (Negative) has been submitted in the instant matter before the court of Additional Chief Judicial Magistrate No.02, Bari, District Dholpur on 01.11.2021 and a protest petition has already been submitted against the same. The petitioner would be at liberty to move appropriate application before the court concerned for sending the matter for further investigation. In case, such application is submitted by the petitioner before the concerned court, it is expected from the learned Magistrate to decide the same strictly in accordance with law. (3 of 3) [CRLW-695/2019] 6. Accordingly, the instant criminal misc. petition stands disposed of. Stay application as well as all pending applications, if any, also stand disposed of. 7. The factual report dated 09.03.2026 so furnished by the SHO, PS Vrit Bari, District Dholpur is ordered to be taken on the record. (ANOOP KUMAR DHAND),J Karan/1