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Judgment
S.B.Cr.Misc. Petition No.1568/2018 is preferred on behalf of petitioner â€" Smt. Manju Agarwal with a prayer for issuing directions to the
investigating agency to conduct fair, impartial and speedy investigation into the allegations levelled in FIR No.140/2015 of Police Station, Rohat,
District Pali, whereas for quashing of the same FIR, S.B.Cr.Misc. Petition No.518/2018 is preferred on behalf of petitioner Praveen Shelley.
This Court vide order dated 29.05.2018, after taking into consideration the factual report submitted by the learned Public Prosecutor, issued a
direction to him to apprise this Court about the stage of the investigation in relation to the above referred FIR by the next date of hearing, case diary of
which was sent to the Additional Director General, CID (CB), Jaipur. On 06.07.2018, the learned Public Prosecutor informed this Court that the
Additional Director General, CID (CB), Jaipur has returned the case diary with a direction to the Investigating Officer to conduct investigation on
some points. On that day, it was informed that the SHO, Police Station, Rohat, District Pali, who is the Investigating officer, would conduct further
investigation on the points suggested by the Additional Director General, CID (CB), Jaipur by 20.07.2018. The matter was then fixed for 20.07.2018.
On 20.07.2018 again some time was sought by the learned Public Prosecutor to enable the Investigating Officer to conclude the investigation, and the
matter was fixed for today.
Today, the learned Public Prosecutor has submitted a factual report, wherein the Investigating Officer has concluded that the allegations levelled in the
above referred FIR against accused-persons are not proved and the police have found that the dispute between the parties is purely of civil nature.
Learned counsel Mr Mahesh Bora, Sr. Advocate assisted by Mr Nishant Bora appearing on behalf of petitioner-Smt. Manju Agarwal in
S.B.Cr.Misc.Petition No.1568/2018 has argued that as a matter of fact the police have not conducted fair and impartial investigation into the
allegations levelled in the above referred FIR.
It is also argued that as many as 7 Officers have already investigated into the allegations levelled in the above referred FIR and concluded that a case
of commission of cognizable offence is made out against accused-persons Praveen Shelly, Ashok Pitti and Mahendra Jalani, however, now the
subsequent Investigating Officer has illegally concluded that no offence is made out against the said persons and the dispute between the parties is
purely of civil nature.
Learned counsels for the petitioners has, therefore, prayed that a direction be issued to the Investigating Agency to conduct fair and impartial
investigation into the allegations levelled in the above referred FIR.
Having heard learned counsels for the petitioners and having gone through the factual report submitted by the learned Public Prosecutor, this Court is
of the opinion that if the petitioner Smt. Manju Agarwal is not satisfied with the conclusion arrived at by the Investigating Officer, it is always open for
her to either move an application before the concerned Magistrate with a prayer for directing the Investigating Agency to conduct further investigation
or to move a protest petition in case negative final report is submitted by the police before the concerned Magistrate.
In view of the fact that the Investigating Agency has completed the investigation and proposed to file negative final report in connection with FIR
No.140/2015 of Police Station, Rohat, District Pali, no order is required to be passed in both these criminal misc. petitions.
Accordingly, both the criminal misc. petitions are dismissed.
However, Smt. Manju Agarwal, petitioner in S.B.Cr.Misc. Petition No.1568/2018 is free to either move an application before the concerned
Magistrate with a prayer for directing the Investigating Agency to conduct further investigation or to move a protest petition in case negative final
report is submitted by the police before the concerned Magistrate.