Shankar Sahu Son Of Shri Mohan Lal Sahu vs State Of Rajasthan (2024:Rj-Jp:22476)

Rajasthan High Court

Shankar Sahu Son Of Shri Mohan Lal Sahu vs State Of Rajasthan (2024:Rj-Jp:22476) on 13 May, 2024

Author: Anil Kumar Upman

Bench: Anil Kumar Upman

[2024:RJ-JP:22476]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

        S.B. Criminal Miscellaneous (Petition) No. 2845/2024

Shankar Sahu S/o Shri Mohan Lal Sahu, Aged About 41 Years,
R/o Kurthal Road, Diggi, Police Station Diggi, Tehsil Malpura,
District Tonk (Raj.)
                                                                    ----Petitioner
                                    Versus
1.       State of Rajasthan, Through PP
2.       Director General of Police, Rajasthan, Jaipur.
3.       Superintendent of Police, Tonk, District Tonk (Raj.).
4.       S.H.O. Police Station Diggi, District Tonk (Raj.)
                                                                 ----Respondents

For Petitioner(s) : Mr. Ripu Daman Singh Naruka For Respondent(s) : Mr. Riyasat Ali, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 13/05/2024

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 FIR No.43/2023 registered at Police Station Diggi, District Tonk (Raj.).

3. Petitioner filed the aforementioned FIR against the accused persons named in the FIR for the offences punishable under Sections 143, 341, 323 and 379 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 FIR. (Downloaded on 15/05/2024 at 08:53:26 PM)

[2024:RJ-JP:22476] (2 of 2) [CRLMP-2845/2024]

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.

(ANIL KUMAR UPMAN), J DEEPA RANI -31 (Downloaded on 15/05/2024 at 08:53:26 PM) Powered by TCPDF (www.tcpdf.org)