S.B. Cr. Misc. Petition No.2070/2010 Kishore Saini Vs. State of Raj. And Anr. Dated : 13.12.2010 HON'BLE MR. MAHESH BHAGWATI,J. Mr. Sarans Saini, for the petitioner. Mr. Amit Punia, PP for the State. *** Mr. Hawa Singh Ghumariya, Superintendent of Police, Jaipur City (East), Jaipur is present in person. Pursuant to order dated 8th December, 2010 of this Court, Mr. Hawa Singh has submitted the explanation which is taken on record. Mr. Ghumariya, has submitted that in compliance of the order of this Court, he inquired into and examined the complainant Kishore Saini, who had levelled an allegation against the Investigating Officer that he was man- handled and abused by him. Mr. Ghumariya submits that he recorded the statements of complainant Kishore Saini, who neither stated to have been man-handled nor abused by the Investigating Officer. The complainant sent the complaint to the Chief Minister Office as also to him personally but there was no mention of all these facts in these two complaints. Mr. Ghumariya has annexed the copies of these complaints also in support of his explanation. The explanation filed by Mr. Ghumariya is found to be satisfactory and apt. He is a senior police officer and -2- there appears no reason to distrust his inquiry report. Mr. Ghumariya has also submitted before the Court that one FIR No.418/2010 came to be registered with Police Station Malviya Nagar, Jaipur for the offences under Sections 302 and 120-B of IPC. The Investigating Officer after completion of investigation, has filed the police report under Section 173(2) of Cr.P.C. against the accused Mangi Lal for the offences under Sections 306 and 498A of IPC. The petitioner by way of this criminal misc. petition has beseeched to transfer the investigation of FIR No.418/2010 registered with the Police Station Malviya Nagar, Jaipur (East) for the offences under Sections 306 read with section 120-B of IPC to CID or some other competent agency. It is relevant to record that since after completion of investigation the police report under Section 173(2) of Cr.P.C. has already been filed against the accused Mangi Lal for the offences under Section 306 and 498A of IPC, no order with regard to transfer of the investigation of the said case can be passed by this Court. In view of above, the criminal misc. petition stands disposed of accordingly. (MAHESH BHAGWATI)J. Pcg