[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CRIMINAL MISC. PETITION NO. 1949/2006 NARENDRA SINGH Vs. STATE OF RAJASTHAN Date: 27.02.2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. Anil Jain for the complainant-petitioner. Mr. Arun Sharma, Public Prosecutor for the State. **** By way of this criminal misc. petition, the complainant-petitioner prayed for transfer of investigation to an independent investigating agency in the matter of FIR No. 36/2006 registered at Police Station Masuda, District Ajmer as the petitioner is not satisfied with the investigation conducted by the investigating agency who after investigation filed final report, whereas the complainant-petitioner is having ample material to prove that it is a case of murder not an accidental death. The petitioner without moving before the Court concerned, has preferred the instant criminal misc. petition. As per the ratio decided by the Hon'ble Supreme Court in the case of Sasi Thomas Vs. State & Ors., reported in 2007(2) Supreme 192, the trial Court is empowered to order for re-investigation and the petitioner is entitled to file protest petition against the [2] final report submitted by the police and if the petitioner is able to satisfy the trial Court in establishing the fact that it is a murder case not an accidental death, the Court concerned can pass order in view of the ratio decided by the Hon'ble Supreme Court, but in any case, the present misc. petition is premature. Consequently, the criminal misc. petition stands dismissed being premature as observed herein above. (K.S. RATHORE)J. /KKC/