BABULAL JAIN Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) - The instant miscellaneous petition has been filed by the petitioner seeking direction for conducting fair investigation of the FIR No. 4/2007 registered at the Anti Corruption Bureau, Bikaner for the offence under Sections 13 (1)(d) and 13(2) of the Prevention of Corruption Act and Sections 420, 467, 468, 471 and 120-B IPC.

(2.) The petitioner submitted an F.I.R. against certain persons named in the F.I.R. for the offence under Sections 13 (1)(d) and 13(2) of the Prevention of Corruption Act and Sections 420, 467, 468, 471 and 120-B I.P.C. but according to the petitioner the police authorities have not taken any action against the accused persons.

(3.) This Court is of the opinion that in view of the observations made and directions issued by the Honourable Apex Court in the case of Sakiri Vasu Vs. State of U.P., AIR 2008 SC 907 , no person can be encouraged to directly approach this Court for seeking direction of fair investigation and if he is aggrieved of any lack of action by the police as regards the FIR which has been filed by him/her, the appropriate course of action for the aggrieved person is to approach the concerned court having jurisdiction, who can call for the report from the investigating officer and also instruct the investigating officer to investigate the matter fairly. If the petitioner is aggrieved by any inaction of the police, then he should move to the appropriate Court in accordance with the directions issued by the Apex Court in the aforesaid judgment. Thereafter the trial court is competent to call for the report from the I.O. and also to issue appropriate directions in consonance with the view expressed by the Honourable Apex Court in Sakiri Vasu's case.