Jaydeep Diwakar S/O Sh. Ramakant ... vs State Of Rajasthan ...

Citation : 2023 Latest Caselaw 5635 Raj/2
Judgement Date : 6 October, 2023

Rajasthan High Court
Jaydeep Diwakar S/O Sh. Ramakant ... vs State Of Rajasthan ... on 6 October, 2023
Bench: Uma Shanker Vyas
[2023:RJ-JP:27205]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No.
                            5046/2022

Jaydeep Diwakar S/o Sh. Ramakant Ji Diwakar,
Aged About 47 Years, R/o Nrisinghpura, Beawar,
District Ajmer (Raj.)
                                                         ----Petitioner
                                Versus
1.     State Of Rajasthan, Through P.p.
2.     Director General Of Police Rajasthan, Phq
       Jaipur.
3.     Inspector General Of Police, Range Ajmer.
4.     Superintendent Of Police, District Ajmer.
5.     S.h.o., Police Station- Beawar City, District
       Ajmer.
                                                   ----Respondents

For Petitioner(s) : Ms. Nikita Sharma, Adv., for Mr. Deshraj Kalwania, Adv.

For                      : Mr. Ganesh Saini, P.P.
Respondent(s)



HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order 06/10/2023 The petitioner-complainant has preferred this criminal miscellaneous petition seeking fair investigation.

A complaint has been filed by the complainant before the concerned Judicial Magistrate which was (Downloaded on 11/11/2023 at 08:35:16 PM) [2023:RJ-JP:27205] (2 of 2) [CRLMP-5046/2022] forwarded under Section 156(3) Cr.P.C. to the concerned police station whereupon the present FIR came to be registered.

Heard learned counsel for petitioner as well as learned Public Prosecutor.

Hon'ble Apex Court in the case of Sakiri Vasu Vs. State of U.P. & Ors., AIR 2008 SC Page 907 has held that the Magistrate has very wide powers to direct registration of an FIR and to ensure a proper investigation and for this purpose, he can monitor the investigation to ensure that the investigation is done properly. The High Court should discourage the practice of filing a writ petition or petition under Section 482 Cr.P.C. simply because a person has a grievance that after registration of FIR, proper investigation has not been done by the police.

In view of above, this Court is not inclined to entertain the criminal miscellaneous petition. The same is accordingly dismissed.

However, the petitioner would be at liberty to approach the concerned Magistrate for redressing his grievance.

(UMA SHANKER VYAS),J DANISH USMANI /457 (Downloaded on 11/11/2023 at 08:35:16 PM) Powered by TCPDF (www.tcpdf.org)