1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.PETITION NO.1961/2010 Arun Gupta Vs. State Date of order : 25/10/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Mohammed Anees for the petitioner. Shri Peeyush Kumar P.P. for the State. ****** The complainant has approached this Court u/s.482 Cr.P.C. by filing this petition alleging that the investigating agency in this case has not been making fair and expeditious investigation. Shri Mohammed Anees, learned counsel for petitioner referring from the contents of the FIR and Final Report argued that although in the Final Report, narration of the number of statements recorded and documents seized was given but no conclusion whatsoever was given as to how the police arrived at the finding that no criminal offence made out and the matter was of a civil nature. The learned Additional Chief Judicial Magistrate, therefore, rightly ordered for re-investigation of the matter by passing order dated 28.4.2010. Learned counsel therefore submitted that this Court may call for the record and direct S.H.O./I.O. of Police Station Khetri Nagar to make fair, proper and independent investigation and recover the other relevant documents such as bill books, blank cheques, 2 original affidavit and original authority letter dated 4.1.2008. Learned PP opposed the misc. petition, but could not justify the perfunctory manner in which the final report in the present matter has been prepared. A perusal of the Final Report does not indicate clearly as to how and in what manner investigating officer came to hold that no case was made out against the accused. Out of the two pages report, he has only in last three lines stated that the matter was of a civil nature but so far as earlier part of the Final Report is concerned, he has devoted first page to reproduction of FIR and in second page, he has given details of the documents collected or seized but no discussion whatsoever has been made as to how and in what manner the matter was of civil nature and why no criminal case was made out. In my view, the learned trial court has rightly ordered for re-investigation of the matter. The Superintendent of Police concerned is directed to ensure fair investigation of the matter keeping in view the aforesaid discussion. The petition is disposed of with the above discussions. (MOHAMMAD RAFIQ), J. RS/-