POORAN MAL SAINI S/O PANCHU RAM SAINI v. STATE OF RAJASTHAN
CRLMP/6852/2025 · 2025-12-03
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 46389 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46389 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:49106] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.6852/2025 Pooran Mal Saini S/o Panchu Ram Saini, Address-57, Kalwar Road, Partap Nagar, Kandira Marg, Jhotwara, Jaipur West. ----Petitioner Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Commissioner Of Police, Jaipur.
3. Deputy Commissioner Of Police ( West), Dcp West Office Police Collectorate Circle, Kanti Nagar, Bani Park, Jaipur, Rajasthan- 302016.
4. Station House Officer, Police Station Kalwar, Kalwar Road, Jaipur, Rajasthan- 303706. ----Respondents For Petitioner(s) : Mr. Ravindra Saini For Respondent(s) : Mr. Amit Punia, PP JUSTICE ANOOP KUMAR DHAND
Order 03/12/2025
1. The instant criminal misc. petition has been preferred by the petitioner with the following prayer:-
“a) Direct the concerned Investigating Officer to seize the original disputed forged documents and obtain handwriting/signature specimens of the complainant and accused for forensic verification from the State Forensic Science Laboratory (FSL), Jaipur; b) Direct transfer of investigation in FIR No. 490/2023 dated 18.10.2023, Police Station Kalwar, Jaipur (West), to an independent agency such as the CID (Crime Branch), Rajasthan, or any other authority deemed appropriate by this Hon'ble Court, for fair, impartial, and lawful investigation; c) To direct the Investigating Agency for fair and impartial investigation and direct the Investigating Agency
[2025:RJ-JP:49106] (2 of 4) [CRLMP-6852/2025] to file Chargesheet in the pending matter and after taking necessary statements and all disputed documents and society Patta on record and direct the Investigating Agency to send all the relevant documents to FSL Team, in FIR bearing no. 490/2023 dated 18.10.2023 at Police Station Kalwar Road, Jaipur (West). d) Any other favorable order or relief which this Hon'ble Court deems fit and proper may also be passed in favor of the Petitioner.”
2. By way of filing the instant criminal misc. petition, multiple prayers have been made for issuing appropriate directions to the Investigating Agency.
3.
Learned counsel for the petitioner submits that an FIR No.490/2023 was lodged by the petitioner-complaint against the accused persons under Sections 420, 406, 467, 468, 471 & 120-B IPC. Learned counsel submits that initially Final Report “Negative” was submitted in the instant case. Hence, the protest petition was submitted by the petitioner before the Court of Additional Civil Judge and Judicial Magistrate No.15, Jaipur Metropolitan II, Jaipur and the aforesaid application submitted by the petitioner was
disposed of vide order dated 27.08.2025 with a direction to the Investigating Officer to conduct the investigation on the relevant issues seriously.
4.
Learned counsel for the petitioner further submits that the aforesaid order was passed on 27.08.2025. However, inspite of passing of considerable time, till date, no serious investigation has been conducted by the concerned Investigating Officer. Hence, the petitioner has approached this Court by way of filing the instant misc. petition with the above stated prayers and interference of this Court is warranted.
[2025:RJ-JP:49106] (3 of 4) [CRLMP-6852/2025]
5. Per contra, learned Public Prosecutor opposes the prayer made by learned counsel for the petitioner and submits that initially Final Report “Negative” was submitted, but later on the learned Magistrate vide order dated 27.08.2025 has made certain observations and directions to the Investigating Officer and the file has been received by the Investigating Officer on 26.09.2025. Thereafter, notice under Section 91 Cr.P.C. has been issued to the accused, complainant and the witnesses. Learned counsel submits that the matter is being investigated by the Investigating Officer in a serious way. Hence, interference of this Court is not warranted.
6. Heard and considered the submissions made at the Bar and perused the material available on the record.
7. Considering the arguments put forward by the rival sides, this Court deems it just and proper to dispose of the instant petition with the following directions:- (a) the Investigating Officer would make all possible endeavors to speed up the investigation in the light of the observations made and directions issued by the learned Magistrate and submit the report of conclusion of investigation in terms of Section 173 Cr.P.C. before the concerned court expeditiously. (b) the Superintendent of Police is directed to monitor the investigation. (c) In case, the petitioner still feels aggrieved by any inaction on the part of the Investigating Officer, he would be at liberty to move an application under Section 200 Cr.P.C., in pursuance of the directions issued by the Hon’ble Apex Court in the case of Sakiri Vasu Vs. State Of U.P. And
[2025:RJ-JP:49106] (4 of 4) [CRLMP-6852/2025] Others reported in 2008 (2) SCC 409, before the court concerned to get the status report of the investigation.
8. In case, any application, as mentioned above, is submitted by the petitioner before the Trial Court, appropriate orders shall be passed by the court concerned strictly in accordance with law.
9. Stay application as well as all applications (pending, if any) also stand disposed of.
(ANOOP KUMAR DHAND),J Karan/33