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2026 DAILYLAW 8691 (RAJ)

PRAKASH CHAND KUMAWAT S/O SHRI GENDALAL v. STATE OF RAJASTHAN

CRLMP/6760/2025 · 2026-05-26

Anoop Kumar Dhand

Transfer Petitionbody2026

Judgment text

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[2026:RJ-JP:22340] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 6760/2025 Prakash Chand Kumawat S/o Shri Gendalal, Aged About 50 Years, R/o Ward No. 23, Mohalla Bdavaas, Kotputli, District Jaipu, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through The Learned Public Prosecutor. 2. Superintendent Of Police, District Kotputli- Behror. 3. Station House Officer, Police Station Kotputli, District Kotputli- Behror. ----Respondents For Petitioner(s) : Mr. Manish Kumar For Respondent(s) : Mr. Jitender Singh Rathore, PP Mr. Gaurav Gupta, Asstt. GA JUSTICE ANOOP KUMAR DHAND Order 26/05/2026 1. By way of filing the instant petition, a prayer has been made for issuing directions to the Investigating Officer for conducting fair and impartial investigation in the F.I.R. No. 913/2022, registered at the Police Station Kotputli, District Jaipur Rural for the offences punishable under Sections 302 and 34 IPC. 2. Learned counsel submits that without conducting fair and impartial investigation, the police has submitted the Final Report (Negative) in the instant matter, against which the petitioner filed a protest petition before the concerned Court and the learned Additional Chief Judicial Magistrate No. 1, Kotputli, Jaipur, vide its order dated 20.05.2024, rejected the Final Report (Negative) and [2026:RJ-JP:22340] (2 of 3) [CRLMP-6760/2025] issued directions to the Investigating Officer for conducting fair and impartial investigation on the basis of the issues raised by the petitioner in his protest petition. 3. Learned counsel submits that the aforesaid order was passed more than two years ago, but till date, no progress has been made in the investigation. There is no hope that the Investigating Officer would conduct fair and impartial investigation. Hence, interference of this Court is warranted. 4. Per contra, learned Public Prosecutor opposes the argument raised by counsel for the petitioner. 5. Heard and considered the submissions made at the Bar and perused the material available on record. 6. Perusal of the record indicates that for the incident alleged to have occurred on 04.11.2022 to 05.11.2022 and the impugned F.I.R. was lodged on 05.11.2022 at the Police Station, Kotputli, Jaipur rural under Section 302 and 34 IPC. After investigation, the Police submitted the Final Report (Negative) before the Court of the Additional Chief Judicial Magistrate No. 1, Kotputli, Jaipur Thereafter, protest petition was submitted by the complainant- petitioner on the ground that the death of the deceased was not accidental but it was a murder. Certain doubts were raised by the petitioner with regard to the involvement of the accused persons. The Learned Magistrate was not satisfied with the investigation carried out by the Investigating Agency, and vide order dated 20.05.2024, the directions were issued to the Investigating Officer for conducting further investigation in light of the issues raised by the petitioner in his protest petition. [2026:RJ-JP:22340] (3 of 3) [CRLMP-6760/2025] 7. It is worthy to note here that the aforesaid directions were issued way back in the 2024, but till the date, no further investigation has been carried out by the Investigating Agency. The aforesaid fact is clear from the status report dated 17.05.2025 received from the SHO, Police Station Kotputli, District Behror. 8. Considering the above facts and circumstances, this Court deems it just and proper to dispose of the instant petition, granting liberty to the petitioner to file an appropriate representation before the concerned Investigating Officer at the Police Station Kotputli, Behror and in case such representation is submitted before the SHO, Police station Kotpulti, District Behror, he would look into the matter and pass an appropriate order for compliance of the order dated 20.05.2024, passed by the Court of the ACJM No. 1, Kotputli, District Jaipur. The SHO, Police Station Kotpulti is further directed to ensure that the investigation is concluded expeditiously, as early as possible, by conducting a fair and impartial investigation and submit the conclusion report under Section 173 Cr.P.C. before the concerned Court, as early as possible. (ANOOP KUMAR DHAND),J RACHNA/25