Title: Tikam Khandelwal v. State of Rajasthan S.B. Criminal Miscellaneous Application No. 246/2023
Date of Decision: October 5, 2023
CORAM: Hon’ble Mr. Justice Birendra Kumar
Introduction
This case involves the petitioner, Tikam Khandelwal, who is the informant in six FIRs. The petitioner alleged bias in the investigation process due to the influence of the Additional Director General of Police (ADGP) of ATS/SOG. The ADGP’s actions led to the negative reports in these cases. The petitioner sought a fair investigation and sought the quashing of the ADGP’s order.
Facts of the Case
The petitioner had filed six FIRs related to various offenses. The investigations were influenced by the ADGP of ATS/SOG, leading to negative reports. The petitioner made representations to various authorities seeking a fair investigation. The investigation was eventually transferred to the Additional DCP (West), Jaipur, under the DGP’s order. However, the ADGP assumed the role of DGP and stayed the arrests of the accused persons, which prompted the petitioner to file a criminal writ petition.
Court’s Analysis and Decision
The petitioner filed a criminal writ petition but due to lawyers’ strikes, the court disposed of it, directing the petitioner to approach the Magistrate for relief. The petitioner filed another application, seeking reconsideration of the earlier petition, which the court allowed, leading to the quashing of the ADGP’s order.
The petitioner argued that the accused cannot choose the investigating agency, citing a Supreme Court judgment. Moreover, the DGP’s repeated transfers of the investigation and the absence of reasons in the transfer orders raised concerns. The court noted the importance of a fair investigation and trial as a fundamental right.
The court, finding issues with the ADGP’s order, quashed it and directed the investigation to be handed over to the Additional DCP (West), Jaipur, under the supervision of the Commissioner of Police, Jaipur. The investigating officer was given two months to complete the investigation, and the case was listed for further proceedings.
The court, in this case, emphasized the need for fair investigations and upheld the petitioner’s right to a just process. It quashed the ADGP’s order and ensured that the investigation would proceed without bias.
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Written by- Tarishi Verma
