SATISH SHARMA S/O SHRI DAMODAR SHARMA B/C BRAHMIN v. STATE OF RAJASTHAN
CRLMP/4744/2019 · 2026-03-25
Anoop Kumar Dhand
body2019
DailyLaw.ai
[ 2019 DAILYLAW 3187 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2019 DAILYLAW 3187 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 4744/2019 Satish Sharma S/o Shri Damodar Sharma, R/o House No.284, Tata Nagar, Nahari Ka Naka, Shastri Nagar, Jaipur, Police Station Shastri Nagar, Jaipur, District Jaipur, Raj. ----Petitioner Versus
1. State Of Rajasthan, Through PP.
2. Sanjay Yadav S/o Unknown, R/o Nautan Bajar Ke Pas, Galmapur, District Seewan, State Bihar. ----Respondents For Petitioner(s) : None For Respondent(s) : Mr. Amit Kumar Gupta-PP JUSTICE ANOOP KUMAR DHAND
Order 25/03/2026
1. By way of filing the present petition, a prayer has been made for issuing directions to the Investigating Agency to conduct fair and impartial investigation of the FIR No. 92/2012 registered with Police Station Vishwakarma, District Jaipur (North) for the offences under Sections 302 and 201 IPC.
2. Contents of the petition indicate that for the incident dated 27.03.2012 the impugned FIR was registered, wherein some of the accused were arrested and charge-sheeted, but after trial they have been acquitted. However, the investigation could not be conducted against one of the accused Sanjay Yadav on account of his absconding.
3. In the considered opinion of this Court, in case, any prima facie case is found against the accused with regard to his
(2 of 2) [CRLMP-4744/2019] involvement in any offence and if he is absconding, the investigation against him cannot be kept pending for an indefinite period of time. The Investigating Officer is not helpless in such like matter. He can obtain a standing warrant under Section 73 Cr.P.C in case, the accused is absconding and such accused is not traceable then charge-sheet can be submitted against such accused under Section 173(8) Cr.P.C.
4. With the aforesaid observations, the present petition stands
disposed of. Stay application and all pending application if any also stand disposed of.
(ANOOP KUMAR DHAND),J Ashu/6