Rajasthan High Court - Jodhpur
Dalpat Singh vs State Of Rajasthan (2024:Rj-Jd:38402) on 18 September, 2024
[2024:RJ-JD:38402]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 6027/2024
Dalpat Singh S/o Shri Ran Singh Rajput, Aged About 39 Years,
R/o New Kelash Grater Colony, Badi, Ps Badgav Udaipur (Raj)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Superintendent Of Police, Udaipur (Raj)
3. Station House Officer, Police Station Pratap Nagar, District
Udaipur (Raj)
4. Balmukand Inani S/o Shri Kelashchand, R/o Village
Kapasan, District Chittorgarh. (Raj)
----Respondents
For Petitioner(s) : Mr. Ashok Kumar Godara
For Respondent(s) : Ms. Sonu Manawat, PP
HON'BLE MR. JUSTICE ARUN MONGA
Order 18/09/2024
1. Dissatisfied with the progress and manner of the investigation, the petitioner/complainant seeks issuance of directions to the respondents to conduct a fair inquiry/investigation regarding FIR No.35/2024 dated 13.01.2024, registered under Sections 384, 386, 327 of IPC, at Police Station Pratapgarh, District Udaipur.
2. Heard.
3. Learned counsel for the petitioner argues that the investigating agency is not proceeding in a fair and just manner and is intentionally stalling the investigation after registration of FIR.
4. Learned Public Prosecutor appears on service of advance copy of the petition and accepts notice on behalf of the State. He opposes the petition arguing that once FIR was registered, law will (Downloaded on 27/09/2024 at 10:01:10 PM) [2024:RJ-JD:38402] (2 of 2) [CRLMP-6027/2024] take its own course. So far no incriminating material of the kind has been unearthed so as to file the charge-sheet, he informs.
5. Be that as it may, in my opinion, the petitioner ought to have availed of other available legal remedies for redressal of his grievance before approaching this Court. Ordinarily, in cases of grievances arising from unfair or improper investigation of an FIR, the aggrieved person can seek recourse by approaching a superior police officer as per Section 36 of Cr.P.C (now Section 30 of BNSS). If the grievance remains unaddressed, one can then approach a Magistrate of competent jurisdiction under Section 156(3) of Cr.P.C. (now Section 175(3) of BNSS), who can seek submission of a report by the police. Reference may also be had to Apex Court judgment in Sakiri Vasu versus State of U.P. and Others1.
6. It transpires that the petitioner has in fact already taken steps to approach superior police officials by filing appropriate representative, but no action is being taken on the same. In the premise, instant petition is disposed of with liberty to approach the appropriate forum for redressal of grievance, as aforesaid. Upon doing so, it is expected of the superior officials to look into the grievance of the petitioner and take appropriate steps if warranted in accordance with law.
7. Pending application(s), if any, shall also stand disposed of.
(ARUN MONGA),J 119-DhananjayS/-
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