JAWANA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner as H..t a, the learned Public Prosecutor and also considered the contentions as submitted and gone through the contentions raised in the petition itself along with the impugned FIR.

(2.) The only contention of the learned counsel for the petitioner is.that, in the first instance, on completion of the impugned FIR No. 85/97 registered as early as on 17.7.1997, after investigation, the police submitted final report (un-occurred) but however, on protest from the first informant, who is presently petitioner before this Court, the learned Addl. Chief Judicial Magistrate, Makarana, directed the police to further investigate into the allegations of the FIR and, as also submitted by the learned counsel for the petitioner, the case remitted for further investigation, is still pending investigation with the Investigating Officer, who has been entrusted with the same as per the directions of the learned Magistrate given to the S.P., Nagaur. His grievance is that the occurrence is alleged to have taken place as early as on 12.6.1997 and till then, the investigation could not be taken to its logical conclusion and, therefore, his submission is that, as also mandated by the provisions of sub-sec. (1) of Sec. 173 Crimial P.C., it is incumbent on the Investigating Officer to complete investigation under the provisions of Chapter 12, Crimial P.C. avoiding unnecessary delay whereas the police has failed to comply into these legal provisions as well and the same has resulted in grave injustice to the petitioner and, therefore, the S.P., Nagaur be directed that the investigation of the case be ordered to be expedited and completed at the earliest in its right earnestness.

(3.) The learned Public Prosecutor does not have any objection in case a fair and impartial investigation results in finding out whether there was any offence committed in relation to the deceased Parma Ram or it was a case of simpliciter accident resulting in finding of final report after compliance of the directions of the learned Addl. Chief Judicial Magistrate, Makarana.