MANGAT RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal miscellaneous petition has been filed under Sec. 528 of the BNSS against the order dtd. 16/2/2026 passed by the learned Additional District and Sessions Judge No. 2, Barmer, whereby the application filed by the petitioner under Sec. 173(8) Cr.P.C. on 4/7/2024, seeking further investigation in Sessions Case No. 148/2024 (arising out of FIR No. 328/2022 registered at Police Station Kotwali, District Barmer for offences under Ss. 302/34 IPC), has been dismissed.

(2.) Learned counsel for the petitioner has challenged the aforesaid order dtd. 16/2/2026 on the ground that the learned trial Court failed to appreciate the material irregularities and lapses in the investigation. It is submitted that the investigation conducted by the Investigating Agency is wholly lacunose and perfunctory. The statements of the eye-witnesses have not been recorded, and no meaningful investigation has been carried out.

(3.) It is further submitted that the FIR itself records that media persons were present at the spot, indicating the existence of video recordings; however, no effort has been made by the Investigating Agency to collect or produce such vital evidence. Learned counsel submits that several other important aspects were specifically pointed out before the learned trial Court, but the same have not been properly considered, and the application has been rejected in a cursory manner.