The Rajasthan High Court at Jaipur, in a notable order passed on 21st May, 2026, disposed of two cross-petitions arising out of the same FIR — one by the accused seeking quashing and another by the complainant seeking fair investigation — and struck a careful balance between the rights of the accused against police harassment and the complainant's right to a concluded investigation in a murder case pending for over five years.
FIR No. 109/2021 was registered on 02.08.2021 at Police Station Kolwa, District Dausa, under Sections 365 and 302 IPC (kidnapping and murder). The case originated from a complaint filed before the Judicial Magistrate, Bandikui by complainant Ganpat Lal Sharma against Gangasahay Sharma, his wife Sarita Sharma, their minor son Bharatlal Sharma, and one Shivani Sharma, alleging the accused were responsible for the murder of the deceased. The Magistrate directed investigation under Section 156(3) CrPC, leading to the registration of the FIR.
Two separate petitions were filed — the accused petitioners (Petition No. 10426/2022) sought quashing of the FIR, while the complainant (Petition No. 5719/2021) sought directions for expeditious and fair investigation, noting the FIR had been pending for more than five years without any conclusion report.
Accused petitioners contended that they were innocent and not connected with the alleged incident. Despite absence of any specific evidence against them, the Investigating Officer repeatedly summoned them to the police station and made them sit there throughout the day, releasing them only in the evening — conduct they described as deeply humiliating and constituting a gross abuse of investigative power.
Complainant prayed for court intervention to ensure the investigation was conducted fairly and expeditiously, pointing out that five years had elapsed without the submission of either a chargesheet or a final/negative report under Section 173 CrPC.
The Court expressed its dissatisfaction with the investigation conducted so far — more than five years having elapsed since registration of the FIR without any conclusion. The court further said that an Investigating Officer cannot keep investigation pending for an indefinite period; he is legally bound to conclude the same and submit either a chargesheet or a Final Report (Negative) under Section 173 CrPC. The Investigating Officer's attempt to conduct a Polygraph Test of accused Gangasahay and Sangeeta was rightly declined by the Magistrate on 20.10.2022 since the accused had not given their consent — consent being a mandatory prerequisite for polygraph testing.
The Court held that accused persons cannot be called to the police station and compelled to remain there from morning to evening without specific evidence against them. Interrogation is permissible only when there is a certain amount of concrete evidence. The Superintendent of Police, Dausa was directed to personally monitor the investigation and ensure that the accused are not needlessly harassed.
Case Details
Case No.S.B. Criminal Misc. Petition No. 10426/2022 (connected with S.B. Criminal Misc. Petition No. 5719/2021
Bench: Justice Anoop Kumar Dhand
Petitioners: Gangasahay Sharma, Sarita Sharma & Bharatlal Sharma
Respondents: State of Rajasthan and Others
Read Order
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