Rajasthan High Court - Jodhpur
Khinya Ram Choudhary vs State Of Rajasthan (2023:Rj-Jd:41986) on 4 December, 2023
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2023:RJ-JD:41986] (1 of 2) [CRLMP-7459/2023]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 7459/2023
Khinya Ram Choudhary S/o Shri Ram Ram, Aged About 46
Years, R/o Palli First, P.s. Matora Tehsil Lohawat, Dist. Jodhpur.
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. The Director General Of Police, Headquarter, Rajasthan,
Jaipur.
3. Inspector General Of Police, Jodhpur Range, Jodhpur.
4. Superintendent Of Police, Jodhpur Rural.
5. Station House Officer, Police Station Matora, Dist.
Jodhpur.
6. Moola Ram S/o Shri Mala Ram, R/o Palli P.s. Matora,
Tehsil Lohawat, Dist. Jodhpur.
----Respondents
For Petitioner(s) : Mr. B.P. Mathur.
Mr. Shokat Ali Raza.
For Respondent(s) : Mr. S.S. Rajpurohit, PP.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order 04/12/2023
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.74/2023, P.S. Matora, District Jodhpur for the offences under Sections 420, 406, 467, 468, 471 and 120B of the IPC.
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 (Downloaded on 04/12/2023 at 08:46:18 PM) [2023:RJ-JD:41986] (2 of 2) [CRLMP-7459/2023] 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 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, Jodhpur Rural 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, Jodhpur Rural to consider petitioner's representation (if filed) and ensure fair investigation, in accordance with law.
6. The stay application also stands disposed of accordingly.
(KULDEEP MATHUR),J 349-Tikam/-
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