Mousam S/O Raju vs State Of Rajasthan
2022 Latest Caselaw 6640 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 8986/2022

1.      Mousam S/o Raju
2.      Raju @ Riyajuddin S/o Abdulla,
3.      Talim S/o Dhyani,
        All R/o Gadhaner, Gram Panchayat Dhoolet, Police Station
        Pahari, Distt. Bharatpur (Raj).
                                                                    ----Petitioners
                                     Versus
1.      State Of Rajasthan, Through Public Prosecutor, Rajasthan
        High Court, Jaipur Bench, Jaipur.
2.      Neki Ram, CI The Than Sho P.s. Pahari, Distt.- Bharatpur
        (Raj).
                                                                  ----Respondents

For Petitioner(s) : Mr. D.D. Khandelwal, Adv. For Respondent(s) : Mr. Mahendra Meena, PP

HON'BLE MR. JUSTICE BIRENDRA KUMAR Order

13/10/2022

The petitioners are accused in FIR No.224/2020 registered

with Police Station Pahari, District Bharatpur (Raj.) for the

offences under Sections 147, 148, 149, 332, 353, 336, 307, 431

of IPC and Section 3 of Rajasthan Prevention of Damages Public

Property Act, 2006.

The petitioners have sought for a direction for transfer of

investigation to any independent Authority out of District

Bharatpur in supervision of Director General of Police and in the

alternative any other appropriate order.

The petitioner has no such right, as held by the Hon'ble

Supreme Court in case of Romila Thapar vs. Union of India

reported in (2018) 10 SCC 753. The Hon'ble Supreme Court

(2 of 2) [CRLMP-8986/2022]

after considering the earlier judgments noted in para 30 that "The

consistent view of this court is that the accused cannot ask for

change of the Investigating Agency or to do investigation in a

particular manner including for court-monitored investigation."

Hence, the petition stand dismissed.

Pending application, if any, stands disposed of.

(BIRENDRA KUMAR),J

Ashwani/-50

Powered by TCPDF (www.tcpdf.org)