[2025:RJ-JP:24175] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 2995/2025 Mahesh Moradiya Son Of Shri Parasram Moradiya, Resident Of B-2, Anukampa Antlantis, 301 Bhawani Singh Road, Police Station Ashok Nagar, Jaipur City South, Jaipur (Rajasthan) ----Petitioner Versus 1. State Of Rajasthan, Through P.p. 2. Director General Of Police, Rajasthan, Jaipur. 3. Commissioner Of Police, Jaipur Metropolitan, Jaipur (Raj.) 4. Assistant Commissioner Of Police, Mansarowar Jaipur South (Raj.) 5. 6. S.h.o. Police Station Ashok Nagar, Jaipur City South (Rajasthan) Assistant Commissioner of Police, Malviya Nagar, Jaipur (Raj.) ----Respondents For Petitioner(s) : Mr. Deen Dayal Sharma For Respondent(s) : Mr. Rishi Raj Singh Rathore, PP Mr. Aditya Kakde, IPS ACP Mansarovar, Jaipur (South) Mr. Sandeep Pathak HON'BLE MR. JUSTICE SAMEER JAIN Judgment 02/07/2025 An application (IA No.1/2025) is filed for taking amended cause title on record. For the reasons stated in the memo of application, the same is allowed. Amended cause title is taken on record. The present petition is filed with the following prayers:- “It is, therefore, respectfully prayed that this Misc. petition may kindly be allowed and in the interest of justice, the Respondents may [2025:RJ-JP:24175] (2 of 3) [CRLMP-2995/2025] kindly be directed to make fair, proper, impartial and expedite investigation as well as to arrest the named accused persons, further to change the present Investigating officer and the investigation may kindly be ordered to be conducted by some other higher police officer under the monitoring of Commissioner of Police, Jaipur Metropolitan (Raj.) in the aforesaid F.I.R. No.0376/2023 dated 25/12/2023 registered at Police Station Ashok Nagar, Jaipur City South (Raj.) for the offence punishable under Sections 420, 467, 468, 471, 406 & 120-B of I.P.C. (Annx.1). Any other appropriate order or direction which the Hon’ble Court deems just and proper in the facts and circumstances of the case and in the interest of justice may also be passed in favour of the petitioner.” In pursuance to order dated 30.05.2025, competent authority has marked his presence before the Court. Learned counsel for the petitioner has submitted that on 07.02.2025 in S.B. Criminal Miscellaneous Petition No.76/2025, matter was declared to be infructuous as negative final report in the FIR was proposed stating that dispute was of civil nature. It is further submitted that the said averment made before the Court was false and incorrect on facts as no final report was ever filed by the police authorities. In this regard, concerned Officer has marked presence before the Court and has submitted that after conducting the due investigation dispute was found to be of civil nature and FR was proposed. Howsoever, in the meantime concerned DGP directed to conduct FSL due to which the said FR was not filed in the Court and during the said duration order dated 30.05.2025 was passed, whereby proceedings were kept at halt. Learned counsel Mr. Pathak appearing for the accused has submitted that on 07.02.2025, the FR and the document were furnished [2025:RJ-JP:24175] (3 of 3) [CRLMP-2995/2025] before the Court with the proper FR number, therefore the order was appropriate. Having heard the respective parties and concerned Officer (present-in-person) and upon perusal of the material available on record, it is noted that the negative FR was proposed and same was to be furnished in the Court as dispute was found to be of civil nature, however, the same was not furnished as concerned DGP in bonafide ignorance of Court order has passed directions to furnish FSL report. Taking note of the above aspects, this Court deems it apposite to dispose the present petition with the following directions:- i) Investigation in the instant matter be conducted in a fair and impartial manner without getting prejudiced by the erstwhile findings of the Court under the supervision of ACP Mr. Aditya Kakde, expeditiously. ii) The petitioner and Mr. Anirudh Vyas (petitioner in S.B. Criminal Miscellaneous Petition No.76/2025) is directed to join the investigation. It is made clear that, no coercive action be taken qua the petitioners till submission of the outcome of the investigation. iii) That outcome of the investigation be filed before the concerned Court within a period of two months from the date of passing of this order. iv) That investigating authority shall consider the submissions of the respective parties. Accordingly, the present petition is disposed of. Pending applications, if any, shall stand disposed. (SAMEER JAIN),J DEEPAK/31