TARA CHAND SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present petition has been filed under Section 482 Cr.P.C. praying that a direction be issued to the respondent nos. 1 to 4 to conduct fair and impartial investigation in case arising out of FIR No.0161/2017 registered at Police Station Jhotwara, Jaipur (West) for the offences under Sections 420, 467, 468, 471 read with Section 120B IPC.

(2.) Number of petitions filed under Section 482 Cr.P.C. are listed before this Court. It has been observed that without passing any detailed speaking order, on drop of hat, or on the whim and fancy of the supervisory officer, in the midst of investigation, when it has reached at a sensitive stage, investigating officer is changed. Change of the horse midstream is not appreciated. Supervisory officer ought to give reasons as to why investigating officer is required to be changed. Supervisory officer should examine the case diary and taking note of the deficiencies in the investigation should give guidance to the investigating officer as to in which direction, investigation ought to move.

(3.) In the present case in particular, no such procedure was followed. When accused Tara Chand Sharma approached D.C.P. (West) , Jaipur, he transferred the investigation to SHO, Harmada. Later when complainant approached, D.C.P. (West) , Jaipur, he transferred the investigation to ACP, Jhotwara. Everything should not be done due to the approach made by complainant or accused as it will show the police in poor light, especially when Jaipur Police with the limited infrastructure is performing a yeoman's job in the city, which is having numerous cases pertaining to property dispute.