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2025 DAILYLAW 24084 (RAJ)

ROCKY GOYAL S/O GAJENDRA GOYAL v. STATE OF RAJASTHAN

CRLW/1681/2023 · 2025-02-13

Ganesh Ram Meena

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:6504] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No. 1681/2023 Rocky Goyal S/o Gajendra Goyal, R/o Ramjanki Mandir Ke Pass, Jivajiganj District Muraina (Mp) ----Petitioner Versus 1. State Of Rajasthan, Through Pp 2. The Superintendent Of Police, Dholpur 3. The Station House Officer, Police Station Nihalganj, Distt. Dholpur. 4. The Joint Director, Medical And Health Department Bharatpur Zone Bharatpur. 5. The Chief Medical And Health Officer, Dholpur. 6. The Chief Medical Officer, District Hospital Dholpur. ----Respondents For Petitioner(s) : Mr. Sumit Kumar Jain For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 13/02/2025 1. This criminal writ petition has been filed by the petitioner with the following prayers:- “I. Call for the entire record pertaining to FIR No.45/2023 Police Station Nihalganj, District- Dholpur. II. The impugned letter dated 27.03.2023 may kindly quash and set aside and pass necessary order(s) and direction to Chief medical and health officer Dholpur to constitute medical board for conduct expedite, fair and impartial inquiry against the accused person and give the fair opinion/clarification to police authority as per the Standard operating procedure dated 29.05.2022 (Annexure-2) issued by State Government. III. Pass necessary order(s) and direction to conduct expedite, fair and impartial investigation in the FIR no. 45/2023 Police Station Nihalganj, District- Dholpur and also direct the commissioner of police to supervise and monitor [2025:RJ-JP:6504] (2 of 2) [CRLW-1681/2023] the investigation with further direction to appoint an independent and impartial investigation agency to conduct the investigation.” 2. Learned counsel for the petitioner submits that the Deputy Superintendent of Police, Circle Dholpur, District Dholpur vide its letter dated 24.01.2023 has issued the letter in extent to the Superintendent of Police, District Dholpur that after seeking a specific opinion as regards the allegation of negligence, the further action will be taken in the matter. Counsel further submits that the only grievance of the petitioner is that the Police has not taken the specific opinion as regards the allegation of medical negligence of the accused. 3. Learned Public Prosecutor has placed before this Court the status report dated 08.09.2024, forwarded to the G.A. Office by the office S.H.O. Police Station, Nihalganj, District Dholpur which is taken on record. 4. As per the status report, the specific opinion as regards the allegation of medical negligence, was taken by the police, which was given by the team of the Specialists. 5. The Police after completion of the investigation and taking the specific opinion from the Committee of Specialists as regards the allegation of medical negligence, has submitted final negative report on 15.04.2024 before the concerned Magistrate. 6. In view of the aforesaid facts, this Court finds no ground to pass any order, as prayed by the petitioner. 7. Accordingly, this criminal writ petition is dismissed. (GANESH RAM MEENA),J DIVYA SAINI /95