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2025 DAILYLAW 13070 (RAJ)

ARJUN LAL S/O CHUNA RAM JAT v. STATE OF RAJASTHAN

CRLW/249/2020 · 2025-01-17

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:2563] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No.249/2020 Arjun Lal S/o Chuna Ram Jat, Aged About 60 Years, R/o Dhani Kishna Ka Dher, Ward No. 01, Lakhawali Tan Amarasar, District Jaipur. ----Petitioner Versus 1. State of Rajasthan, Through Principle Secretary, Department of Home, Govt. of Rajasthan, Govt. Secretariat, Jaipur. 2. The Director General Of Police, Police Headquarters, Jaipur 3. The Superintendent Of Police, Centeral Bureau Of Investigation, 1, Tilak Marg C Scheme, Jaipur 4. The Superintendent Of Police, Sikar. 5. Superintendent Of Police, Sog, Jaipur, Range, Jaipur. 6. The Station House Officer, Police Station Ajeetgarh, District Sikar. ----Respondents For Petitioner(s) : Mr.Pradeep Kalwania For Respondent(s) : Mr.Jitendra Singh Rathore, PP Mr.Bhuvan Bhushan Yadav, (S.P.,Sikar), (present through V.C.) Mr.Mukesh Kumar (S.H.O., Ajeetgarh) JUSTICE ANOOP KUMAR DHAND Order 17/01/2025 1. By way of filing this petition, a prayer has been made to transfer the investigation of F.I.R. No.41/2019 to Central Bureau of Investigation or some other Investigating Agency. 2. Learned counsel for the petitioner submits that F.I.R. No.41/2019 was registered with Police Station Ajeetgarh, District [2025:RJ-JP:2563] (2 of 3) [CRLW-249/2020] Sikar and during the course of investigation, three persons, namely, Sitaram Meena, Kishore Jogi and Radhishyam Jogi were interrogated who were accused in some other case. Counsel submits that during the course of interrogation, they admitted about the commission of offence by then, even then, they have not been implicated as accused. Counsel submits that on account of the political pressure, the local Police is not conducting fair and impartial investigation, hence under these circumstances, interference of this Court is warranted. 3. Learned counsel for the petitioner has placed reliance upon the following judgment passed by the Hon'ble Apex Court in the case of Pooja Pal Vs. Union of India and Others reported in (2016) 3 Supreme Court Cases 135. 4. Per contra, learned Public Prosecutor opposed the prayer and submitted that the investigation has been done from all the four corners and even these three persons were interrogated and nothing was found with regard to their involvement in the incident for which the F.I.R. has been registered. 5. In pursuance of the last order passed by this Court, the Superintendent of Police, Sikar has appeared through Video Conferencing (V.C.) before this Court and apprised this Court that after thorough investigation in the matter, the Police has already submitted final report negative, in absence of any clue with regard to the involvement of any accused persons. He further submits that even Polygraph Test of two persons, namely, Sandeep Haritwal and Vikram Yadav was also conducted, wherein their involvement was also not found. [2025:RJ-JP:2563] (3 of 3) [CRLW-249/2020] 6. Perusal of the investigation report conducted so far indicates that after investigation, final report negative, has already been submitted by the Investigating Agency before the Court of learned Magistrate on 15.03.2023, now the Magistrate is seized of the matter. The complainant would be at liberty to move appropriate application/ protest petition before the said Court who would pass appropriate orders on the basis of the material and evidence available on the record. 7. With the aforesaid observations, this criminal writ petition stands disposed of. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma /49