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Rajasthan High Court - Jodhpur
Chand Khan vs State Of Rajasthan (2026:Rj-Jd:12825) on 17 March, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:12825]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 5921/2025
Chand Khan S/o Sh. Mirchuddin Pathan, Aged About 50 Years,
Rooppura, Teh. Mandal, Dist. Bhilwara.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Mubarik S/o Sh. Kasam Khan, R/o Rooppura, P.s. Mandal,
Tehsil Mandal, Dist. Bhilwara
3. Aadil S/o Sh. Sabbir Khan, R/o Rooppura, P.s. Mandal,
Tehsil Mandal, Dist. Bhilwara
4. Rafiq S/o Sh. Kasam Khan, R/o Rooppura, P.s. Mandal,
Tehsil Mandal, Dist. Bhilwara
5. Bablu S/o Sh. Mubarik Khan, R/o Rooppura, P.s. Mandal,
Tehsil Mandal, Dist. Bhilwara
6. Shokin S/o Sh. Sabbir Khan, R/o Rooppura, P.s. Mandal,
Tehsil Mandal, Dist. Bhilwara
7. Altaf S/o Sh. Rafiq Khan, R/o Rooppura, P.s. Mandal,
Tehsil Mandal, Dist. Bhilwara
8. Madeena W/o Sh. Mubari Khan, R/o Rooppura, P.s.
Mandal, Tehsil Mandal, Dist. Bhilwara
9. Guddi W/o Sh. Saddik Khan, R/o Rooppura, P.s. Mandal,
Tehsil Mandal, Dist. Bhilwara
10. Afsana W/o Sh. Shokin Khan, R/o Rooppura, P.s. Mandal,
Tehsil Mandal, Dist. Bhilwara
11. Rubina W/o Sh. Emran Pathan, R/o Rooppura, P.s.
Mandal, Tehsil Mandal, Dist. Bhilwara
12. Anjum W/o Sh. Bablu Mohammed, R/o Rooppura, P.s.
Mandal, Tehsil Mandal, Dist. Bhilwara
13. Zilani S/o Sh. Rafiq Khan, R/o Rooppura, P.s. Mandal,
Tehsil Mandal, Dist. Bhilwara
----Respondents
For Petitioner(s) : Mr. Ravi Panwar
For Respondent(s) : Mr. Sri Ram Choudhary, AGA
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[2026:RJ-JD:12825] (2 of 4) [CRLMP-5921/2025]
HON'BLE MR. JUSTICE FARJAND ALI
Order
17/03/2026
1. By way of filing the instant Criminal Miscellaneous Petition
under Section 528 of the BNSS, the petitioner seeks issuance of
appropriate directions for ensuring a fair and impartial
investigation in connection with FIR No. 78/2025 registered at
Police Station Mandal, District Bhilwara, for offences under
Sections 126(2), 115(2), 352 and 110 of the Bharatiya Nyaya
Sanhita, 2023 (BNS).
2. Brief facts of the case are that the petitioner-complainant, in
the report lodged, has averred that on 07.03.2025, after offering
Namaz, upon returning to his residence, accused Mubarik
subjected him and his family members to verbal abuse, allegedly
with the intent to usurp his land. It has further been alleged that
upon the complainant's non-response, the accused persons, acting
in concert, assaulted him and his family members, resulting in
grievous injuries. Acting upon the said complaint, FIR No. 78/2025
came to be registered on 08.03.2025 for the aforesaid offences.
3. I have heard and considered the submissions advanced by
the counsel for the parties and perused the material available on
record.
3.1. The petitioner has approached this Court ventilating serious
grievances with regard to the manner in which the investigation is
presently being conducted. It is contended that certain
circumstances and the conduct attributed to the present
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[2026:RJ-JD:12825] (3 of 4) [CRLMP-5921/2025]
Investigating Officer have given rise to a bona fide apprehension
that the investigation may not proceed in a fair, impartial and
objective manner.
3.2. At this juncture, this Court consciously refrains from
expressing any definitive opinion on the allegations levelled
against the Investigating Officer. Nonetheless, it is trite that the
right to a fair investigation is an inseparable concomitant of the
broader guarantee of fairness ingrained in the criminal justice
system. The investigative process, which sets the criminal law in
motion, must be above reproach and must inspire confidence not
only in the complainant but also in the collective conscience of
society.
3.3. A fair, transparent and unbiased investigation forms the
bedrock upon which the entire edifice of criminal adjudication
rests. Whenever circumstances emerge which reasonably cast a
shadow on the impartiality of the investigation, the constitutional
courts, vested with inherent and supervisory jurisdiction, are duty-
bound to step in so as to preserve the sanctity and credibility of
the process.
3.4. In the present case, the petitioner, being a victim-
complainant, possesses a legitimate expectation that the
investigation shall be conducted in a manner free from prejudice,
extraneous influence or arbitrariness. The assurance of fairness is
not a mere procedural embellishment, but a substantive safeguard
intended to ensure that truth is discovered through a lawful and
objective inquiry.
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[2026:RJ-JD:12825] (4 of 4) [CRLMP-5921/2025]
4. Having bestowed thoughtful consideration to the submissions
advanced and bearing in mind the paramount necessity of
maintaining public confidence in the investigative mechanism, this
Court is of the considered view that the ends of justice would be
adequately subserved if the investigation is entrusted to an officer
of higher rank, thereby ensuring greater transparency, objectivity
and institutional credibility.
5. Accordingly, the present petition is allowed. The concerned
Superintendent of Police is directed to forthwith transfer the
investigation of FIR No.78/2025 registered at Police Station
Mandal, District Bhilwara, to an officer not below the rank of
Rajasthan Police Service (RPS). The said authority shall ensure
that the investigation is conducted strictly in accordance with law,
with due diligence, fairness and expedition.
5.1. It is further directed that the present Investigating Officer
shall stand divested of the investigation forthwith and shall not, in
any manner, interfere with or influence the further course of
investigation.
6. All pending applications, including the stay petition, if any,
stand disposed of.
(FARJAND ALI),J
227-Mamta/-
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