- (1.) The intra court appeal has been filed against the order dated 21.07.2010 passed by the Single Bench in SB CWP No. 1871/2010. Letter written by the Deputy Secretary to the Collector, Dausa has been questioned in the writ application, in which considering the findings recorded with respect to illegal colonization, case has been directed to be handed over to State Investigation Bureau. State Investigation Bureau, obviously, has to register the F.I.R. and thereafter, to investigate the case. The Single Bench has directed the Superintendent of Police to register First Information Report and to submit the report with respect to the progress in the case.
(2.) Aforesaid order passed by the Single Bench with respect to registration of F.I.R. was uncalled for, as there was already direction issued to the State Investigation Bureau to do the needful in the aforesaid matter. There was no necessity to further supervise the matter. State Government has directed the Collector, Dausa to hand over the case to the State Investigation Bureau. Obviously, F.I.R. has to be registered.
(3.) It is settled law that Court should not normally come in the way of lodging of First Information Report. Since investigation has to be carried out to its logical end after recording F.I.R., Court should not interfere in such matters normally. It is settled proposition of law that at this stage, it is not for the Court to investigate into the case and give a clean chit. That is not the function of the Court. Considering the factual findings recorded, case was made out to proceed, as directed by the Deputy Secretary to the Collector, Dausa.;