- (1.) This is second round of litigation, initiated by the complainant, by way of filing a criminal miscellaneous petition under Section 482 Cr.P.C. with the prayer that appropriate directions to the investigating agency be issued, while having the investigation monitored by this Court and pass such other orders which are considered necessary in the interest of justice. Earlier the complainant-petitioner had filed a criminal miscellaneous petition (3482/2011) with the prayer that directions be issued to the authorities concerned for taking all necessary steps for speedy investigation in FIR No.28/2009, registered at Police Station CID, Jaipur, CID (SOG), Jaipur and a time limit be fixed for completion of the same. The said miscellaneous petition was decided by a Co-ordinate Bench of this Court on 14.10.2011 holding that the miscellaneous petition stands disposed of with the direction to respondent No.2. The Additional Director General, CID (SOG), Jaipur was directed to submit the progress report of the case before the Magistrate concerned, within a period of seven days from the date of receipt of the certified copy of that order, in FIR No.28/2009, registered at Police Station CID, Jaipur, CID (SOG), failing which the petitioner shall be at liberty to file a criminal contempt petition before the Court. Thereafter, the informant had furnished a copy of the order dated 14.10.2011 to the concerning authorities alongwith the representation. The investigating agency had also filed a progress report dated 24.10.2011 through the investigating officer Shri Kailash Choudhary, Police Inspector (SOG), Rajasthan, Jaipur to the Chief Judicial Magistrate, Jaipur Metropolitan, Jaipur. In the said report, it was stated that the investigation in the matter is continuing and the conclusion shall be forwarded as soon as it is completed.
(2.) Despite of the aforesaid orders passed by the High Court on 14.10.2011 which was brought to the notice of the authorities concerned, the investigation was not completed upto the month of February, 2012. The informant had filed a representation before the Department of Home on 16.2.2012 and also to the office of the Chief Minister. When no heed was paid to the said representations, the informant had thereafter filed the instant miscellaneous petition with the prayers aforementioned. On 20.03.2012, the High Court had issued directions to the investigating officer to remain present in the Court on the next date of hearing alongwith the case diary of the investigation in FIR No.28/2009. The respondents have filed a reply to this miscellaneous petition on 23.03.2012, through the Advocate General, Rajasthan, Jaipur. The informant has also filed an application under Section 482 Cr.P.C., reiterating the prayer that this Court should monitor the investigation till final conclusion is reached. Further prayer has been made for issuing notices of contempt to certain officers for causing interference in the investigation of the present case. A reply to this miscellaneous Petition was filed by the State of Rajasthan mentioning that the investigation was transferred on 19.03.2012 to CID (CB) as the accused filed complaint. Further, it is stated that the order passed by the High Court on 14.10.2011 did not say that investigation should not be transferred from Special Operation Group. It is noteworthy that in the said reply, at the end, it has been prayed that appropriate orders be passed. During the curse of argument, the learned Additional Advocate General had fairly submitted that the prosecution has no objection to the prayer made by the informant petitioner in the instant miscellaneous petition.
(3.) In the meanwhile, one of the accused namely Rampal Sharma had filed a criminal miscellaneous petition (2152/2009) praying therein that FIR No.28/2009 registered at Police Station CID (SOG), Jaipur be quashed and set aside. The said miscellaneous petition was dismissed by the High Court on 27.01.2011 and the interim order dated 09.10.2009 was vacated.;