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2025 DAILYLAW 44729 (RAJ)

MAHENDRA SINGH YADAV S/O SHRI NAND KISHORE YADAV v. STATE OF RAJASTHAN

CRLW/279/2025 · 2025-11-24

Anoop Kumar Dhand

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No. 279/2025 Mahendra Singh Yadav S/o Shri Nand Kishore Yadav, Aged About 65 Years, R/o 301 Plot No. 32, Kr Residency, Sangram Colony, C- Scheme, Ashok Nagar, Jaipur City (South). ----Petitioner Versus 1. State of Rajasthan, Through Public Prosecutor 2. Director General of Police, Rajasthan, Jaipur 3. Commissioner of Police, Jaipur City, Rajasthan. 4. Director of Central Bureau of Investigation, Through Authorized Officer, CGO Complex, Lodhi Road, New Delhi. ----Respondents For Petitioner(s) : Mr. Pankaj Gupta Mr. Saurabh Yadav Mr. Chinmay Sharma For Respondent(s) : Mr. Amit Punia-PP Ms. Jigyasa-RPS- Additional S.P JUSTICE ANOOP KUMAR DHAND Order 24/11/2025 1. By way of filing this criminal writ petition, a prayer has been made for transferring the investigation in the impugned FIR No. 126/2024 registered with the Police Station Ashok Nagar, Jaipur City (South) to the Central Bureau of Investigation for making proper, fair and unbiased investigation. 2. Counsel for the petitioner submits that the daughter of the petitioner committed suicide and before her death, she has written certain emails and suicide note and these documents were provided to the concerned Investigating Officer in the month of April, 2024 but inpsite of passing more than one and a half year (2 of 3) [CRLW-279/2025] till date, no investigation was done, hence under these circumstances, there is no chance of a fair, proper and impartial investigation by the Investigating Officer who is investigating the matter, hence, under these circumstances, the investigation of the impugned FIR be transferred to the CBI. 3. Learned Public Prosecutor opposes the prayer made by counsel for the petitioner and submits that the entire documents i.e. emails and suicide note have been sent to Forensic Science Laboratory (FSL) but the report of the FSL has not been received so far inspite of writing several D.O. letters and now, the Investigating Officer has been changed and in order to take the necessary steps and conclude the investigation in an expeditious manner, therefore some reasonable time be granted to the new Investigating Officer for the aforesaid purpose. 4. Heard and considered the submissions made at Bar and perused the material available on record. 5. Perusal of the record indicates that a detailed FIR has been lodged on 24.04.2024 with the Police Station Ashok Ngar, Jaipur City (South) for the offences under Section 306 IPC and the allegations of abetment and instigation have been levelled against the suspected accused. 6. Perusal of the record indicates that certain emails were written by the deceased and even a suicide note was also written by her prior to her death. The matter is required to be investigated in a prompt way in such a scenario, though the documents in question have been sent to the FSL for analysis and more than one year has been passed and the investigation has not (3 of 3) [CRLW-279/2025] been conducted by the Investigation Officer in a proper and speedy manner. 7. It is expected from the Investigating Officer not to sit over the matter and await for the FSL report. 8. Inspite of writing several D.O. letters, the report has not been received and this fact was noticed by the Higher Rank Officer but inspite of above, the Investigating Officer is sitting over the matter. 9. Considering the overall facts and circumstances, this Court deems it just and proper to dispose of the instant criminal writ petition with the following directions:- (i) The current Investigating Officer is expected to do the needful exercise in an expeditious manner. (ii) He would again request the Senior Police Officer to get the report of the FSL in an expeditious manner. (iii) The Deputy Commissioner of Police is directed to monitor the investigation monthly-wise and instruct the Investigating Officer to submit the report of investigation before the Competent Court of Law after doing the needful interrogation with the suspected accused, expeditiously. 10. With the aforesaid observations and directions, the present criminal writ petition stands disposed of. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Ashu/11