Rajasthan High Court - Jodhpur
Om Prakash vs State Of Rajasthan (2025:Rj-Jd:2536) on 13 January, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:2536]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 17/2024
Neelam Bishnoi D/o Shri Ramniwas Ji Bishnoi, Aged About 32
Years, R/o 78, Daulat Nagar, Sogawas, Tehsil Merta City, Dist.
Nagaur (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Narendra S/o Omprakash, R/o Village Lamba Bishnoiya,
Tehsil Bilara, Dist. Jodhpur (Raj.).
3. Om Prakash S/o Kishnaram, R/o Village Lamba Bishnoiya,
Tehsil Bilara, Dist. Jodhpur (Raj.).
4. Surendra S/o Omprakash, R/o Village Lamba Bishnoiya,
Tehsil Bilara, Dist. Jodhpur (Raj.).
5. Priyadarshini D/o Omprakash, R/o Village Lamba
Bishnoiya, Tehsil Bilara, Dist. Jodhpur (Raj.).
6. Kiran Devi W/o Omprakash, R/o Village Lamba Bishnoiya,
Tehsil Bilara, Dist. Jodhpur (Raj.).
7. Maniram S/o Kishnaram, R/o Village Lamba Bishnoiya,
Tehsil Bilara, Dist. Jodhpur (Raj.).
8. Prakash S/o Mahiram, R/o Village Lamba Bishnoiya, Tehsil
Bilara, Dist. Jodhpur (Raj.).
----Respondents
CONNECTED WITH
S.B. Criminal Misc(Pet.) No. 1089/2024
1. Om Prakash S/o Kisnaram, Aged About 55 Years, R/o
Village Lamba Tehsil Bilara Dist Jodhpur
2. Surendra S/o Omprakash, Aged About 28 Years, R/o
Village Lamba Tehsil Bilara Dist Jodhpur
3. Priyadarshini S/o Om Prakash, Aged About 31 Years, R/o
Village Lamba Tehsil Bilara Dist Jodhpur
4. Kiran Devi W/o Om Prakash, Aged About 1 Years, R/o
Village Lamba Tehsil Bilara Dist Jodhpur
5. Maniram S/o Kishnaram, Aged About 60 Years, R/o
Village Lamba Tehsil Bilara Dist Jodhpur
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[2025:RJ-JD:2536] (2 of 4) [CRLMP-17/2024]
6. Prakash S/o Mahiram, Aged About 35 Years, R/o Village
Lamba Tehsil Bilara Dist Jodhpur
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Neelam Bishnoi D/o Ram Niwas W/o Narendra, R/o 78
Daulat Nagar Sogawas Tehsil Merta City Dist Nagaur
----Respondents
For Petitioner/Respondent : Mr. O.P. Joshi
(Neelam Bishnoi)
For Respondents/Petitioners : Mr. Ram Niwas
(Narendra & Ors.)
(Om Prakash & Ors.)
For Respondent-State : Mr. Shriram Choudhary, AGA
Mr. Lalit Kishore Sain, Dy.GA
HON'BLE MR. JUSTICE FARJAND ALI
Order 13/01/2025 In SBCRLMP No.17/2024 :
1. This criminal misc. petition has been filed under Section 482 Cr.P.C. praying that a direction be issued to the respondents to conduct fair, proper, impartial and expeditious investigation in case arising out of FIR No.245/2023 registered at Police Station Merta City, District Nagaur for the offences under Sections 498-A, 406, 323, 420 of IPC.
2. Learned counsel for the petitioner submits that despite disclosing commission of cognizable offence no heed is being paid by the Investigating Agency as till date no effective action has (Downloaded on 16/01/2025 at 09:31:45 PM) [2025:RJ-JD:2536] (3 of 4) [CRLMP-17/2024] been taken under the influence of the accused party. He seeks fair, impartial and expeditious investigation in this matter.
3. Seeking fair impartial and expeditious investigation is a fundamental right of a person, be he a complainant/victim or the accused.
4. In this view of the matter, it is directed that the complainant-petitioner shall submit a representation to the concerned Superintendent of Police along with all documents on which she places reliance. The concerned Superintendent of Police is expected to go through the contents of the FIR, the statements of the complainant-petitioner minutely along with the averments made in the representation and shall instruct the Investigating Officer of this case to conduct fair and impartial investigation and submit the result of the investigation as expeditiously as possible.
If any individual is found to be an accused, he/she shall be booked and charge-sheeted at the earliest and no accused person, against whom material has been brought on record, shall not be left out.
5. Accordingly, the criminal misc. petition as well as stay petition are disposed of.
In SBCRLMP No.1089/2024 :
1. By way of this criminal misc. petition filed under Section 482 of Cr.P.C., the petitioners seeking quashing of the FIR No.245/2023 registered at Police Station Merta City, District Nagaur for the offences under Sections 498-A, 406, 323, 420 of IPC.
2. Heard learned counsel for the parties and gone through the material as made available to this Court.
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[2025:RJ-JD:2536] (4 of 4) [CRLMP-17/2024]
3. The petitioner No.1 is the father-in-law, petitioner No.2 is the brother-in-law, petitioner No.3 is the sister-in-law, petitioner No.4 is the mother-in-law, petitioner No.5 is the cousin uncle-in- law and the petitioner No.6 is the cousin brother-in-law of the complainant-respondent No.2.
4. In this view of the matter, it is felt apt to direct the concerned Superintendent of Police to minutely go through the material as has been collected by the Investigating Officer till date and whereafter the case shall be examined in the light of judgment rendered by Hon'ble the Supreme Court in the case of Priti Gupta & Anr. Vs. State of Jharkhand reported in (2010) 7 SCC 667. No innocent person shall be booked for an offence not committed by him/her. If any of the offence is made out still whereafter, a direction shall be issued to the Investigating Officer to follow the guidelines enunciated by Hon'ble the Supreme Court in the case of Arnesh Kumar Vs. State of Bihar reported in AIR 2014 SC 2756.
5. Needless to say, the concerned Superintendent of Police shall ensure that the investigation is conducted fairly and impartially.
6. With these observations and directions, this criminal misc. petition as well as stay petition are disposed of.
(FARJAND ALI),J Abhishek Kumar S.Nos.17-18 (Downloaded on 16/01/2025 at 09:31:45 PM) Powered by TCPDF (www.tcpdf.org)