Rajasthan High Court - Jodhpur
Vijay Singh vs State Of Rajasthan on 1 December, 2021
Bench: Vinit Kumar Mathur
(1 of 2) [CRLMP-6536/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 6536/2021
Vijay Singh S/o Sh. Moda Ram, Aged About 34 Years, R/o Manna
Ki Badi, Soorsagar, Dist. Jodhpur.
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. The Commissioner Of Police, Commisionarate, Jodhpur.
3. The Station House Officer (SHO), P.S. Soorsagar, Dist.
Jodhpur.
4. Ajay S/o Sh. Ladu Ram, Resident of Manna Ki Badi,
Soorsagar, Dist. Jodhpur.
5. Jitu S/o Sh. Ladu Ram, Resident of Manna Ki Badi,
Soorsagar, Dist. Jodhpur.
6. Ladu Ram S/o Sh. Rawta Ram, Resident of Manna Ki Badi,
Soorsagar, Dist. Jodhpur.
----Respondents
For Petitioner(s) : Mr. Surendra Singh Choudhary
For Respondent(s) : Mr. M.S. Bhati, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
01/12/2021
1. The petitioner has preferred this criminal misc. petition under
Section 482 Cr.P.C. seeking fair investigation in FIR No.0082 dated
01.04.2021, registered at Police Station Soorsagar, District
Jodhpur for the offences under Sections 341, 323 and 34 of I.P.C.
2. In Manoj Kumaria Shankaria Vs. State of Rajasthan &
Anr., 2014(3) Raj.CriC 965, Narayan Singh Vs. State of
Rajasthan & Anr., 2013(1) Cri.L.R.264 and Aziza Begum Vs.
State of Maharashtra & Anr., 2012(1) RLW 835, wherein the
Hon'ble Apex Court has held that a fair and proper investigation is
always conducive to the ends of justice and for establishing rule of
law.
(2 of 2) [CRLMP-6536/2021]
3. In Shyam Singh Vs. State of Rajasthan & Anr., 2015(3)
Cri.L.R. 1375 and Gopal Nath Vs. State of Rajasthan & Anr.,
2015(4) Cri.L.R. 1617, relying upon the judgment of
Hon'ble Supreme Court in the case of Arnesh Kumar V/s
State of Bihar & Anr., reported in (2014) 8 SCC 273, also the
petitioner therein was permitted to submit a representation before
the investigating officer and the investigating officer was directed
to consider the documents before forming any opinion.
4. Learned Public Prosecutor assures this Court that fair and
transparent investigation shall be made, and in case the petitioner
submits a representation along with all the relevant documents
before the Commissioner of Police, Jodhpur within a period of ten
days from today, then the same shall be considered at the time of
investigation.
5. In light of the aforesaid precedent law as well as the
assurance given by the learned Public Prosecutor, the present
misc. petition is disposed of with a direction to the Commissioner
of Police, Jodhpur to consider the representation along with all the
relevant documents, if submitted by the petitioner within a period
of ten days from today, and conduct fair investigation, strictly in
accordance with law.
(VINIT KUMAR MATHUR),J
113-/Vivek/-
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