S.B. Cr. Misc. Petition No.658/2009 Jagannath Vs. State of Raj. & Ors. Dated : 27.01.2010 HON'BLE MR. MAHESH BHAGWATI,J. Mr. MM Ranjan with Mr. Rajat Ranjan, for the petitioner. *** This order governs the criminal Misc. Petition filed under Section 482 of Cr.P.C. by petitioner-Jagannath wherein the order dated 18th November, 2008 rendered by Additional Sessions Judge No.1, Sikar who dismissed the criminal revision, has been impugned. Having heard the learned counsel for the petitioner, it is noticed that one complaint was sent for investigation under Section 156(3) of Cr.P.C to Shri Kanhaiya Lal Bairwa, Additional Superintendent of Police, directing him to get the case registered and submit the police report in the Court. When the case was being investigated, a petition was filed by the complainant that the complaint was being investigated by the Police Officer below the rank of Addl.S.P., whereas the Court had directed Shri Kanhaiya Lal Bairwa, Addl. S.P. to investigate the case himself. Learned trial court dismissed the petition vide order dated 27th October, 2005. Aggrieved with that order, the petitioner filed a criminal revision -2- which was also dismissed vide order dated 18th November, 2008, by Additional Sessions Judge No.1, Sikar. Learned counsel for the petitioner has canvassed that there was a specific order directing Shri Kanhaiya Lal Bairwa, Additional S.P. to investigate the case himself as there was an apprehension that Police Officer below the rank of Addl.S.P. could in collusion with the accused person, spoil the case causing injustice to the petitioner. Having perused the material on record, it is found that no specific direction was given to Shri Kanhaiya Lal Bairwa Additional S.P. to investigate the case himself. He was simply required to get the case registered and submit the police report in the Court. Otherwise too, the courts should not usually interfere with the investigation and no such order should be passed that the case be investigated by a particular police officer. I do not find any infirmity or illegality observed by the learned trial Court as also by the revisional Court. The petition filed under Section 482 of Cr.P.C. is found to be devoid of any force and deserves to be dismissed at the threshold. -3- For the reasons state above, the Criminal Misc. Petition stands dismissed accordingly. (MAHESH BHAGWATI)J. Pcg