11 Years, No Chargesheet 'Shocking': Rajasthan HC Directs Separation Of Police Investigation Wing From Law & Order To Ensure Speedy Probes
While expressing shock and pain over a matter wherein no charge sheet was filed even after 11 years of FIR, Rajasthan High Court observed that it was felt on various occasions that investigation in several cases remained pending for a long period since the same investigating officer was assigned the duties of maintaining law and order.While referring to a Supreme Court case in which...
While expressing shock and pain over a matter wherein no charge sheet was filed even after 11 years of FIR, Rajasthan High Court observed that it was felt on various occasions that investigation in several cases remained pending for a long period since the same investigating officer was assigned the duties of maintaining law and order.
While referring to a Supreme Court case in which directions were issued to Central and State Government for framing legislation for separation of the investigation police wing from that of maintaining law and order, the bench of Justice Anoop Kumar Dhand directed State heads of various departments to form appropriate policy for such separation, in the interim.
The Court was hearing a bunch of petitions wherein the FIR was registered against the complainant in 2014 and till date no charge sheet was filed despite multiple directions by the coordinate bench to the investigating officer to do so.
It was highlighted that the reason behind such non-compliance, as submitted by the investigating officer, was multiple and continuous duties of maintaining law and order in some event or the other.
In this background, the Court held that certain directions were required to be issued to the State Government for separation of two wings of the police, one for investigation, and other for maintaining law & Order.
The Court referred to the Supreme Court case of Prakash Singh & Others v. Union of India and Others, passed in 2006, in which directions were given to the Central and State government to frame appropriate legislation, policy etc. for such separation.
While underscoring the fact that no legislation had been passed even after 2 decades of the order, the Court opined that until new Police Act was framed by the Central Government, directions had to be issued to the State Heads for formation of appropriate policy.
Accordingly, directions were issue to Chief Secretary, Additional Chief Secretary, and DGP for formulation of such policy.
In relation to the matter in hand, the Court directed the investigating office to complete the investigation within 6 weeks. The Commission of police and additional commissioner were directed to monitor the compliance with the order, and take appropriate action in case of non-compliance.
Title: Jitendra Meena v State of Rajasthan, and other connected matter
Citation: 2026 LiveLaw (Raj) 108