BABLU MEENA Vs. STATE OF RAJASTHAN & ORS

JUDGEMENT

(1.) The complainant-petitioner has filed this Criminal Writ Petition under Article 226 of the Constitution of India with a prayer to quash and set aside the notification dated 24.7.2014 issued by the Government of Rajasthan whereby earlier notification dated 06.12.2013 was rescind/revoked and to hand over investigation of FIR No.640/2013 registered at Police Station Mahuwa (District Dausa) to CBI.

(2.) Brief relevant facts for the disposal of this petition are stated as below:-

(3.) It was submitted by the learned counsel for the petitioner that looking to the seriousness of the offences for which the aforesaid FIR came to be registered and involvement of MLA in the incident a conscious decision at the highest level was taken and aforesaid notification dated 06.12.2013 was issued by the State of Rajasthan to hand over the investigation of the case to CBI but later on without any reasonable cause but under the influence of the accused involved in the incident with the change of Government by way of present notification the earlier notification has been withdrawn. It was further submitted that once investigation of a case is handed over to CBI, which is considered to be more impartial and efficient investigating agency, the State Government has no power to arbitrarily rescind and revoke the earlier notification. It was also submitted that although investigation of the case was handed over to CBI even then the local police continued with the investigation and in a haste manner has filed charge-sheet in the Court absolving the main accused-Shri Om Prakash Hudla who is now MLA of the party in power. It was further submitted that even if charge-sheet has been filed even then this Court is empowered to order investigation of the case by CBI or any other impartial and independent investigating agency looking to the facts and circumstances of the case.