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2020 DAILYLAW 766 (RAJ)

GHANSHYAM S/O SH. BHAGURAM v. STATE OF RAJASTHAN

CRLMP/4464/2020 · 2026-04-13

Anoop Kumar Dhand

Transfer Petitionbody2020

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 4464/2020 Ghanshyam S/o Sh. Bhaguram, R/o Tehadka, Tatarpur, Distt. Alwar, Raj. ----Complainant/ Petitioner Versus 1. State of Rajasthan, Through P.P 2. Director General of Police, Jaipur. 3. Superintendent of Police, Bhiwadi, Distt. Alwar. ----Respondents For Petitioner(s) : Mr. Rajesh Kumar Parashar For Respondent(s) : Mr. Jitendra Singh Rathore-PP with Ms. Neha Goyal JUSTICE ANOOP KUMAR DHAND Order 13/04/2026 1. By way of filing the instant misc. petition, a prayer has been made for issuing directions to the Investigating Agency for conducting fair and impartial investigation in impugned FIR No. 619/2018, registered with the Police Station Behror, District Alwar for the offence punishable under Section 302 IPC. 2. At the outset, learned Public Prosecutor, on the basis of the factual report so furnished by the SHO Police Station Behror District Kotputli, submits that after investigation in the matter, the Final Report (Negative) has been submitted before the Court of Additional Chief Judicial Magistrate, Behror, Alwar on 06.04.2021 and the same has been accepted by the said Court, hence under these circumstances, the instant petition has become infructuous. (2 of 2) [CRLMP-4464/2020] 3. Counsel for the petitioner submits that the petitioner was never sent any notice of Final Report (Negative) and the same has been accepted by the concerned Court without issuing any notice to the petitioner, hence interference of this Court is warranted. 4. Heard and considered the submissions made at Bar and perused the material available on record. 5. This fact is not in dispute that after investigation, the Police has submitted the Final Report (Negative) before the Court of Additional Chief Judicial Magistrate, Behror on 06.04.2021. This fact is also not in dispute that the aforementioned final report has been accepted by the concerned Court. If the petitioner was not issued any notice and he was not granted any opportunity of hearing, then he is not remediless. The petitioner is at liberty to assail the aforesaid order before the appropriate forum of law. In case, the order accepting Final Report (Negative) is assailed by the petitioner before the concerned court, it is expected from the said Court to decide the petition so submitted by the petitioner in accordance with law, ignoring the period of limitation. 6. With the aforesaid observations and directions, the present petition stands disposed of. Stay application and all pending application(s), if any, also stand disposed of. 7. A copy of the factual report is ordered to be retained on record. (ANOOP KUMAR DHAND),J Ashu/24