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[2025:RJ-JP:17481] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1906/2025 Kishan Gopal S/o Vishram, R/o Kumawat Bhawan Near Shankar Palace Hotel, Beawar (Raj). ----Petitioner Versus
1. State Of Rajasthan, Through P.P.
2. Smt. Soniya W/o Manmeet Singh, R/o Behind Beawar Residence, Delwara Road, Beawar (Raj). ----Respondents For Petitioner(s) : Mr. Sanjay Gangwar For Respondent(s) : Mr. Manvendra Singh Shekhawat, P.P. with Mr. Rishi Raj Singh Rathore, P.P.
HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 24/04/2025
Learned counsel for the petitioner has submitted that as per settled position of law, learned Trial Court can give direction to the investigating authority to carry out the investigation, however, cannot state/provide the manner how it should be done. It is further submitted that role of the investigating authority is to conduct the investigation in a fair and impartial manner and same should not be guided/outlined by the Court or any authority. Further, it is submitted that directions in the impugned orders are guided/advisory. Upon perusal of the impugned orders dated 07.06.2023 and 05.11.2024, this Court has noted that orders are interpreted incorrectly in a manner as to providing specific direction for investigation, outlining the manner in which it should be
[2025:RJ-JP:17481] (2 of 2) [CRLMP-1906/2025] conducted. Therefore, this Court clarify and directs the Investigating Authorities to act in accordance with law and is at liberty to conduct investigation in an independent manner. Accordingly, the present petition is disposed of. Pending application(s), if any, shall stand disposed of.
(SAMEER JAIN),J GAURAV/102