PARUL GUPTA Vs. STATE OF RAJ

JUDGEMENT

(1.) THE present petition has been filed by the petitioner-complainant under Section 482 of Cr.P.C. for directing the investigation of the FIR being No. 52/11 registered at the Police Station Mahila Thana, Alwar, to be conducted by the CBI.

(2.) THE petitioner-complainant had filed the complaint against the respondent Nos. 2,3 and 4 in the Court of Judicial Magistrate No. 4, Alwar, which forwarded the same to the Police Station, Mahila Thana, Alwar for investigation under Section 156(3) of Cr.P.C. THE said complaint was registered as FIR No. 52/11 in the said Police Station for the offence under Section 498-A and 406 of IPC. THEreafter the respondent Nos. 2 to 4 had applied for the anticipatory bail before the concerned court and the same was granted by the court. THE petitioner-complainant apprehending that the investigation was not being conducted properly, she approached the then Home Minister, Rajasthan for transferring the investigation from Police Station, Mahila Thana, Alwar to Dausa and the said request was granted by the State Government. Accordingly the investigation was transferred to the Superintendent of Police, Dausa. According to the petitioner, the Superintendent of Police, Dausa thereafter gave the investigation to S.H.O., Kotwali, Dausa. THEreafter the Public Prosecutor, Alwar moved an application on 20.10.11 for the cancellation of the anticipatory bail granted to the respondent No.2 to 4 before the concerned court at Alwar. THE said application is still pending before the said court.

(3.) IN another case of T.C. Thangaraj Vs. V. Engammal and Ors., (2011) 12 SCC 328, the Apex Court, considering the opinion of the Constitution Bench in case of State of West Bengal Vs. Committee for Protection of Democratic Rights (2010) 3 SCC 571, observed in para 10 as under :-