1 S.B. Civil Writ Petition No.4451/2010 Maina Devi vs State of Rajasthan & Ors. Date of Order: 7.5.2010 HON'BLE MR. PRAKASH TATIA,J. Mr.Mahesh Bora, for the petitioner. <><><> Heard learned counsel for the petitioner. The petitioner lodged the FIR on 16.10.2009 alleging that the land of his father has been sold by his brothers, whereas the petitioner's father died long back in the year 1968, therefore, the petitioner was also co-sharer and the brothers of the petitioner could not have sold the land in question. The petitioner's contention is that the petitioner's brothers are named in the FIR and one Patwari Narendra Kumar was also named in the FIR, but since the said Narendra Kumar is close relative of Ex-Minister and present MLA, therefore, investigating agency is not fairly investigating the matter and, therefore, according to the petitioner, the investigation may be made by an independent agency like CBI. I considered the submissions of learned counsel for the petitioner and perused the contents of the FIR. It is not in dispute that FIR has been registered. The petitioner earlier preferred writ petition being SBCWP No.890/2010 for the same relief which was disposed of by this Court vide order dated 1.2.2010 with liberty to the petitioner to submit a 2 representation before the higher authorities in respect of FIR No.437/2009. According to the petitioner he submitted the representation to the higher authorities on 10.2.2010,yet the investigating agency has not filed any challan. The presumption drawn by the petitioner at least at this stage cannot be said to be well founded. The FIR was lodged on 16.10.2009 and in no time, the petitioner approached this court by filing the writ petition no.890/2010, which was disposed of vide order dated 1.2.2010. Therefore, it is clear that the petitioner approached this court earlier without giving sufficient time to investigating agency. The petitioner, therefore, already has something in his mind that the matter will not be investigated by the investigating agency but the same is not enough to draw inference that the investigating agency will not do the justice and even higher authorities will also not act on the petitioner's representation. In view of the above reasons, at present there is no case is made out for any direction. Hence, the writ petition of the petitioner is dismissed. [PRAKASH TATIA], J. cpgoyal/-