Om Prakash Saini S/O Shri Arjun Lal Saini vs State Of Rajasthan (2024:Rj-Jp:21011)

Rajasthan High Court

Om Prakash Saini S/O Shri Arjun Lal Saini vs State Of Rajasthan (2024:Rj-Jp:21011) on 3 May, 2024

Author: Anil Kumar Upman

Bench: Anil Kumar Upman

[2024:RJ-JP:21011]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

        S.B. Criminal Miscellaneous (Petition) No. 1887/2024

Om Prakash Saini S/o Shri Arjun Lal Saini, Aged About 52 Years,
Resident Of Dhani Kanka Wali, Village Dhaniya, Panchayat, P/s
Nawalgarh, District Jhunjhunu, Rajasthan.
                                                                     ----Petitioner
                                       Versus
1.       State Of Rajasthan, Through P.p.
2.       Director    General      Of    Police,      Rajasthan,      Police   Head
         Quarter, Lal Kothi, Tonk Road, Jaipur.
3.       Police       Commissioner               Jaipur,          Jaipur      Police
         Commissionerate, Government Hostel, M.i. Road, Jaipur,
         Rajasthan.
4.       Deputy Commissioner Of Police, Jaipur City (West),
         Jaipur, Rajasthan.
5.       S.h.o. , Police Station Kardhani, Jaipur City (West), Jaipur,
         Rajasthan.
                                                                  ----Respondents

For Petitioner(s) : Mr. Arvind Kumar Berwal For Respondent(s) : Mr. N.S. Gurjar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 03/05/2024

1. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available 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.76/2024 registered at Police Station Kardhani, District Jaipur City (West), Rajasthan.

3. Petitioner filed the aforementioned F.I.R. against the accused persons named in the F.I.R. for the offences under Section 306 of (Downloaded on 17/05/2024 at 09:27:51 PM) [2024:RJ-JP:21011] (2 of 2) [CRLMP-1887/2024] 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.

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 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.

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