HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 927/2022 Manisha W/o Dharmveer Jeengar, D/o Jagdish Mehtar, Aged About 21 Years, B/c Jeengar, R/o Gopeshwar Basti, Behidn Amarjyoti School, P.s. Gangashahar Bikaner.
----Petitioner Versus State Of Rajasthan, Through PP
----Respondent For Petitioner(s) : Ms. Anu Choudhary For Respondent(s) : Mr. S.K.Bhati, PP JUSTICE DINESH MEHTA Order 28/03/2022
1. By way of the present petition, filed under Section 482 of the Code of Criminal Procedure, the petitioner has alleged that the Investigating Officer is not conducting proper investigation in relation to FIR No.230/2021 P.S. Mahila Thana, Bikaner for the offences under Sections 498-A, 406, 323, 341, 354, 354(A), 354(B), 354(C), 354(D) and 34 of the Indian Penal Code.
2. Hon'ble the Supreme Court, in the cases of Manoj Kumaria Shankaria Vs. State of Rajasthan & Anr. [2014(3) Raj. CriC 965], Narayan Singh Vs. State of Rajasthan & Anr. [2013(1) Cr.L.R. 264] and Azia Begum Vs. State of Maharashtra & Anr. [2012(1) RLW 835], has held that a fair and proper investigation is fundamental to rule of law; it is necessary to meet the ends of justice.
3. In the cases of Shyam Singh Vs. State of Rajasthan & Anr. [2015(3) Cr.L.R. 1375] and Gopal Nath Vs. State of Rajasthan & Anr. [2015(4) Cr.L.R. 1617], while relying upon the (Downloaded on 28/03/2022 at 08:43:34 PM) (2 of 2) [CRLMP-927/2022] judgment of Hon'ble the Supreme Court rendered in the case of Arnesh Kumar Vs. State of Bihar & Anr. [(2014) 8 SCC 273], the petitioner therein was asked to submit a representation before the investigating officer with a corresponding direction to the investigating officer to consider representation and documents so submitted, before forming any opinion.
4. Learned Public Prosecutor assures this Court that fair and transparent investigation shall be made and in case the petitioner submits a representation along with all the relevant documents before the Superintendent of Police, Bikaner within a period of two weeks from today, the same shall be considered at the time of investigation.
5. Hence, the present misc. petition is disposed of with direction to the Superintendent of Police, Bikaner to consider petitioner's representation (if filed) and ensure fair investigation, in accordance with law.
6. The stay application also stands disposed of accordingly.
(DINESH MEHTA),J 115-akansha/-
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