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2025 DAILYLAW 31307 (RAJ)

THOPHAN BEGAM WIFE OF SHRI SAMMD KHAN v. STATE OF RAJASTHAN

CRLMP/6586/2024 · 2025-01-23

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:3396] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 6586/2024 Thophan Begam Wife of Shri Sammd Khan, Aged About 68 Years, Resident of Andhi, Jaipur Rural, Jaipur, Rajasthan. ----Petitioner Versus 1. State of Rajasthan, through Public Prosecutor. 2. Commissioner of Police, Jaipur, Jaipur Metropolitan MI Road, Near Government Hostel, Jaipur. 3. Deputy Superintendent of Police, Jaipur Rural. 4. S.H.O. Police Station Andhi, Jaipur Rural, Jaipur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Mohd. Abid Khan Ms. Anjali Vashisht For Respondent(s) : Mr. Jitendra Singh Rathore, PP JUSTICE ANOOP KUMAR DHAND Order 23/01/2025 1. The instant misc. petition has been preferred for the transfer of investigation of FIR No.110/2024 registered with Police Station Andhi, Jaipur Rural. Learned counsel for the petitioner submits that the injured has sustained grievous injuries, hence, under these circumstances, for the offence under Section 307 IPC is made out but the local Police is not investigating the matter in a fair and impartial manner, hence, under these circumstances, interference of this Court is warranted. 2. Per contra, learned Public Prosecutor opposed the misc. petition and submitted that after investigation, charge-sheet has already been submitted against the accused for the offence under [2025:RJ-JP:3396] (2 of 2) [CRLMP-6586/2024] Sections 341, 323, 336 & 34 of IPC. Hence, under the changed circumstances, this instant petition has become infructuous. 3. Heard and considered the submissions made at Bar and perused the material available on the record. 4. As per the factual report furnished by the Deputy Superintendent of Police, Circle Jamuna Ramgarh, District Jaipur, Rural indicates that after investigation, charge-sheet has already been submitted against the accused persons before the Jurisdictional Magistrate. In case, the petitioner feels that looking to the material available on the record some other offence is made out then he would be at liberty to move an appropriate application under Section 216 Cr.P.C. for alteration of charge at appropriate stage. 5. With the aforesaid liberty, the instant petition stands disposed of. 6. It is expected from the Trial Court to decide the said application, strictly in accordance with law, on the basis of the evidence available on the record. (ANOOP KUMAR DHAND),J Garima/106