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[2025:RJ-JP:2156] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.221/2025 Babulal S/o Madholal, Aged About 48 Years, R/o Bambuliya Khurd, Bambuliya, Kalan, Kota, Rajasthan. ----Petitioner Versus
1. State Of Rajasthan, Through Its Principal Secretary, Ministry Of Home Affairs, Secretariat, Jaipur.
2. The Director General Of Police, Jaipur, Rajasthan.
3. Superintendent Of Police, District Kota.
4. Station House Officer, Police Station Itawa, District Kota.
5. Radheshyam S/o Dhannalal Bairwa, Aged About 47 Years, R/o Bambuliya Khurd, Itawa, Kota Gramin, Rajasthan. ----Respondents For Petitioner(s) : Ms.Bismaad Kaur Saluja For Respondent(s) : Mr.Jitendra Singh Rathore, PP JUSTICE ANOOP KUMAR DHAND
Order 16/01/2025
1. By way of filing of the instant petition, the petitioner is seeking direction to the respondents for conducting fair, proper and impartial investigation in case arising out of FIR No. 185/2023, registered at Police Station Itawa, District Kota (Rural) for the offence under Sections 279 and 304-A of IPC.
2.
Learned counsel for the petitioner submits that in the instant matter, F.I.R. was registered in the month of May, 2023, but till date, no result of investigation under Section 173 Cr.P.C. has been submitted. Counsel submits that even an application under Section 210 Cr.P.C. was submitted by the petitioner before the
[2025:RJ-JP:2156] (2 of 3) [CRLMP-221/2025] Trial Court in the light of the judgment passed by the Hon’ble Apex Court in the case of Sakiri Vasu Vs. State Of U.P. And Others reported in 2008 (2) SCC 409. Counsel submits that under these circumstances, appropriate directions be issued to the Investigating Officer for conducting free and impartial investigation.
3. Per contra, learned Public Prosecutor opposed the prayer and submitted that a detailed investigation has been conducted in the instant matter, but the complainant is unable to provide details or the name of any accused who has caused the incident. Counsel submits that no CCTV camera etc. are available nearby the place of alleged incident, hence, under these circumstances, the conclusion report has not been submitted. Counsel submits that under these circumstances, interference of this Court is not warranted.
4. Heard and considered the submissions made at Bar and perused the material available on the record.
5. As per the provisions contained under Section 173 Cr.P.C. whenever the matter is registered at Police Station, the Investigating Agency is supposed to complete and conclude the investigation and submit a final report, but in the instant matter, the investigation is pending before the Investigating Agency since last one and half year, hence under these circumstances, the petitioner is directed to submit a representation along with relevant documents before the concerned Investigating Officer/Superintendent of Police.
6. The present misc. petition is disposed of with direction to the concerned Superintendent of Police to consider the averments
[2025:RJ-JP:2156] (3 of 3) [CRLMP-221/2025] made in the representation and shall instruct the concerned Investigating Officer to speed up the investigation and submit the report under Section 173 Cr.P.C. before the competent Court, expeditiously, as early as possible.
7. Stay application and all pending applications (if any), also stand disposed of.
(ANOOP KUMAR DHAND),J Aayush Sharma /44