[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CRIMINAL MISC. PETITION NO. 485/2007 JAGANNATH SOMANI Vs. STATE OF RAJASTHAN & ORS. Date: 25.02.2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. S.K. Jindal with Mr. Amit Jindal for the petitioner. Mr. Arun Sharma, Public Prosecutor for the State. Mr. J.S. Tanwar for the respondents. **** In brief the facts of the case are that the petitioner filed a complaint against the respondent Nos.2 and 3 under Sections 420, 467, 468, 471 read with Section 120-B IPC which was sent to the Police Station Lachhmangarh under Section 156(3) Cr.P.C. on the basis of which FIR No. 194/2003 came to be registered against the respondent Nos. 2 and 3. The investigating agency after investigation submitted negative final report, against which the petitioner filed a protest petition on 12.04.2005 upon which the trial Court vide its order dated 30.09.2005 directed the investigating agency to conduct further investigation. The petitioner filed an application dated 08.02.2006 before the trial Court for early disposal of the case alleging therein that the Additional [2] Superintendent of Police, Sikar is not properly investigating the matter. The petitioner filed another application dated 26.07.2006 before the trial Court praying for withdrawal of investigation from the Additional Superintendent of Police, Sikar and also requested that the investigation be conducted by the Court itself. The trial Court vide its order impugned dated 18.08.2006 dismissed both the applications filed by the petitioner observing that this Court has no power to review its order again and the petitioner was given liberty to initiate any proceeding before the competent Court, if aggrieved by the order dated 30.09.2005. Against the said order of the trial Court dated 18.08.2006 the petitioner filed a criminal revision before the District & Sessions Judge, Sikar on 11.10.2006 and the same was transferred to the Court of Additional Sessions Judge No.2, Sikar for adjudication. The aforesaid criminal revision came to be dismissed by the Revisional Court vide order impugned dated 05.01.2007 on the ground of non maintainability of the revision petition observing that the order passed by the trial Court falls in the purview of interlocutory order, against which revision is not maintainable. [3] Being aggrieved and dissatisfied with the orders impugned dated 18.08.2006 and 05.01.2007 passed by the trial Court and the Revisional Court respectively, the present criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner. In this misc. petition the grievance of the petitioner remain same that the investigating agency is not thoroughly conducting the investigation and requested that the investigation be handed over to an independent officer. It is informed by the learned counsel appearing for the respondents that at the time of filing of the misc. petition, the Investigating Officer was Shri Gurucharan Singh, Additional Superintendent of Police, Sikar but now the Investigating Officer has been changed and Shri Sameer Kumar Singh, Additional Superintendent of Police, Sikar is the investigating officer. As the investigation is still pending and the relief as claimed by the petitioner has been granted at the level of the respondents and since Investigation Officer has been changed, nothing remains in this misc. petition. The investigation in the matter is held up as the case diary was called for by this Court, therefore case diary be sent back forthwith. [4] In view of the aforesaid observations, this Court finds no merit in the instant criminal misc. petition. Consequently, the criminal misc. petition fails being devoid of merit and the same is hereby dismissed. (K.S. RATHORE)J. /KKC/