D.R. Meghwal vs State Of Rajasthan
2021 Latest Caselaw 7838 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civ. Contempt Pet. No. 25/2020

D.r. Meghwal S/o Sh. Prema Ram, Aged About 37 Years, By Caste Meghwal, R/o Village Sarecha, Near Bus Stand Tehsil Luni, District Jodhpur. (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through Its Secretary To Its Srcretariat Jaipur

2. Director General Of Police Jaipur, Bhupendra Singh Ji Jaipur (Raj.)

3. Commissioner Of Police Jodhpur, Joshi Mohan Jodhpur (Raj)

4. Mangilal Rathore, Acp Circle Boranada Jodhpur West

5. Kirti Singh, Acp Sc/st Cell Jodhpur

6. Pradeep Soni, Police Station Udaimandir Jodhpur

----Respondents

For Petitioner(s) : Mr. AB Halu For Respondent(s) :

JUSTICE DINESH MEHTA

Judgment

19/03/2021

1. The present contempt petition has been filed alleging that

the respondents have not obeyed/complied with the order dated

1.11.2019. The order under consideration reads thus:

"In light of the aforesaid assurance of the Public Prosecutor, the present misc. petition is disposed of with a direction to the investigating authority to take up all the facts as well as representation, if any filed on behalf of the petitioner and complete the investigation by considering them strictly in accordance with law."

(2 of 2) [CCP-25/2020]

2. Mr. Halu, learned counsel appearing for the petitioner argued

that inspite of the fact that the petitioner - a complainant has

placed evidence/material before the Investigating Officer, the

Investigating Officer has not done the needful and thus, flouted

orders of this Court.

3. In considered opinion of this Court, the fact as to whether

the Investigating Officer has fairly conducted investigation or not

is an assessment, which is to be done by the competent trial Court

during the trial of the case.

4. The mere fact that this Court has passed order directing the

Investigating Officer to do fair investigation, cannot give the

petitioner the handle to file a contempt petition alleging non-

compliance, if the investigation has not culminated as per

petitioner's wishes.

5. This Court does not find any substance in the present

contempt petition, for which, it is hereby dismissed.

(DINESH MEHTA),J

16-CPGoyal/-

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