Swapnil Jangid vs State
2022 Latest Caselaw 422 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Misc(Pet.) No. 1306/2021

Swapnil Jangid S/o Sh. Sukhdev Jangid, Aged About 25 Years, R/o B-3, Panchashilvihar, Harimarg, Civil Line, Jaipur.

----Petitioner Versus

1. State, Through PP

2. Bhawani Singh S/o Hari Singh, Aged About 43 Years, B/c Rajput, R/o Dodua Tehsil And Dist. Sirohi (Raj.).

----Respondents

Connected With

S.B. Criminal Misc(Pet.) No. 3828/2020

Bhawani Singh S/o Shri Hari Singh, Aged About 43 Years, Dodua, Kalandri, District Sirohi, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through P.p.

2. Director General Of Police, Head Quarter, Rajasthan, Jaipur.

3. Inspector General Of Police, Jodhpur Range, Jodhpur.

4. Superintendent Of Police, Sirohi, Rajasthan.

5. Station House Officer, Police Station Kalindri, Disrict Sirohi, Rajasthan.

----Respondents

S.B. Criminal Misc(Pet.) No. 127/2021

Revti Raman Jangid S/o Shri Matu Ram, Aged About 40 Years, By Caste Jangid, R/o 98 Shiv Nagar, Dadika Fatak, Jhothwara Benar Road, Jaipur (Raj.).

                                                                    ----Petitioner


                                      (2 of 4)                    [CRLMP-1306/2021]


                                   Versus

1. State Of Rajasthan, Through P.p.

2. Bhawani Singh S/o Hari Singh, By Caste Rajput, R/o 43, R/o Dodua, Tehsil And District Sirohi (Raj.).

----Respondents

For Petitioner(s) : None present in Criminal Misc.

Petition No.1306/2021

Mr. Ranjeet Joshi in Criminal Misc. Petition No.127/2021 (through VC)

Mr. Rajvendra Sarswat in Criminal Misc. Petition No.3828/2020 (through VC)

For Respondent(s) : Mr. Mukhtiyar Khan, PP

Mr. Sunil Joshi, Mr. Rajvendra Sarswat, Mr. Mahipal Singh Deora for complainant - Bhawani Singh (through VC)

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

07/01/2022

The Criminal Misc. Petition Nos.1306/2021 and

127/2021 have been preferred by petitioners - Swapnil

Jangid and Revti Raman Jangid respectively with a prayer

for quashing of FIR No.124/2020 of Police Station

Kalindri, Distt. Sirohi.

The Criminal Misc. Petition No.3828/2020 has been

preferred by petitioner - Bhawani Singh with a prayer to

direct the police authorities to conduct fair and impartial

(3 of 4) [CRLMP-1306/2021]

investigation in the FIR No.124/2020 of Police Station

Kalindri, Distt. Sirohi.

Learned Public Prosecutor has submitted a factual

report dated 05.01.2022, wherein it is mentioned that

after thorough investigation into the allegations levelled

in the impugned FIR, the Investigating Agency has

proposed to file a negative final report in the matter.

Learned counsel Mr. Sunil Joshi and Mr. Rajvendra

Sarswat appearing for complainant - Bhawani Singh have

submitted that the Investigating Agency has not complied

with the directions given by this Court on 06.07.2021 as

well as the order dated 09.12.2021. It is also submitted

that one of the accused person, namely, Sukhdev Jangid

is a police officer of higher rank and under his influence,

the investigation of the impugned FIR was transferred to

the CID(CB) and on account of his influence, the

investigation into the impugned FIR has not been carried

out by the Investigating Agency in a fair and impartial

manner. It is, therefore, submitted that the matter may

be kept pending for further investigation and the

Investigating Agency may be further directed to

investigate into the allegations levelled in the impugned

FIR fairly and impartially.

(4 of 4) [CRLMP-1306/2021]

Having heard learned counsel for the parties and

after going through the factual report dated 05.01.2022

submitted by the learned Public Prosecutor, I am satisfied

with the factual report of the Investigating Agency.

I am of the opinion that since the Investigating

Agency has proposed to file a negative final report in the

matter, no further order is required to be passed in the

Criminal Misc. Petition Nos.1306/2021 and 127/2021

preferred by petitioners - Swapnil Jangid and Revti

Raman Jangid respectively.

So far as the Criminal Misc. Petition No.3828/2020

preferred by petitioner - Bhawani Singh is concerned, I

am of the opinion that if the Investigating Agency files a

negative final report and petitioner - Bhawani Singh has

any grievance against the same, he can very well avail

remedy to challenge the same available to him under the

law.

Hence, all these Criminal Misc. Petitions are

dismissed.

The factual report dated 05.01.2022 submitted by

the learned Public Prosecutor is taken on record.

(VIJAY BISHNOI),J

12-14 ms rathore

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