Rajasthan High Court
Smt. Kalia Devi Wife Of Late Shri Atar ... vs State Of Rajasthan (2024:Rj-Jp:16009) on 4 April, 2024
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2024:RJ-JP:16009]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 5044/2023
Smt. Kalia Devi Wife Of Late Shri Atar Singh, Resident Of Ward
No. 4, Kherli Rail, Police Station Kherli, District Alwar (Raj).
----Petitioner
Versus
1. State Of Rajasthan, Through P.P.
2. Director General Of Police, Rajasthan, Jaipur (Raj).
3. Superintendent Of Police, Alwar (Rajasthan).
4. S.h.o. Police Station Kherli, District Alwar, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Girish Khandelwal For Respondent(s) : Mr. M.K. Sheoran, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 04/04/2024
1. Heard learned counsel for the petitioner and learned Public Prosecutor Perused the material on record.
2. The instant misc. petition has been filed under Section 482 Cr.P.C. on behalf of the petitioner seeking direction for conducting fair and impartial investigation in F.I.R. No.176/2023 registered at Police Station Kherli, District Alwar.
3. The petitioner filed the aforementioned F.I.R. against the accused persons named in the F.I.R. for the offence under Section 302 of IPC. According to learned counsel for the petitioner, the police authorities have not taken any action against the accused persons and thus appropriate direction be given for fair and impartial investigation of the F.I.R.
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[2024:RJ-JP:16009] (2 of 2) [CRLMP-5044/2023]
4. This Court is of the opinion that in view of the observations made and directions given by the Hon'ble Apex Court in the case of Sakiri Vasu Vs. State of U.P., AIR 2008 SC 907, the Judicial Magistrate has very wide powers to enquire about the investigation and for monitoring the investigation to ensure that the investigation is done properly. Apex Court has further observed that the High Court should discourage the practice of filing Writ Petitions or petitions under Section 482 Cr.P.C. simply because a person has a grievance that investigation has not been done properly by the Police. For this grievance, the remedy lies before the concerned Magistrate.
5. In view of the Judgment of the Apex Court, I do not find any force in the Criminal Misc. Petition and the same is accordingly disposed. Stay application stands disposed.
6. However, petitioner would be free to approach the concerned Magistrate to enquire about the progress of the investigation.
(ANIL KUMAR UPMAN), J DEEPA RANI -224 (Downloaded on 19/04/2024 at 09:06:53 PM) Powered by TCPDF (www.tcpdf.org)