Rajasthan High Court - Jodhpur
Ashu vs State Of Rajasthan on 3 December, 2021
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 6151/2021
Ashu S/o Bhajja Ji, Aged About 80 Years, B/c Salvi, R/o
Bherukheda, P.s. Devgarh, District Rajsamand (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. The Superintendent Of Police, Rajsamand.
3. The Station House Officer, Devgarh, Rajsamand.
4. Pappu Lal S/o Mukti Lal Ji, B/c Dhobi, R/o Parvatsar,
Tehsil And District Nagaur.
5. Sharvan Kumar S/o Balu Ji, Aged About 21 Years, B/c
Gurjar, R/o Bherukheda, P.s. Devgarh, District Rajsamand
(Raj.)
6. Paras S/o Narayan Ji, R/o Bherukheda, P.s. Devgarh,
District Rajsamand (Raj.)
7. Goma S/o Nathu Ji Salvi, R/o Ran, Police Station
Devgarh, District Rajsamand.
8. Ugam Singh Rajpurohit, Sub Registrar, Devgarh, District
Rajsamand.
9. Vinod Kumar Tiwari, Stamp Vender, Devgarh, District
Rajsamand.
----Respondents
For Petitioner(s) : Mr. Vikram Singh
For Respondent(s) : Mr. S.K. Bhati, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
03/12/2021
1. The petitioner has preferred this criminal misc. petition under
Section 482 Cr.P.C. seeking fair investigation in FIR No. 394/2021
registered at Police Station Devgarh, District Rajsamand for the
(2 of 3) [CRLMP-6151/2021]
offences under Sections 420, 120-B, 467, 468, 471 of IPC &
Section 3(2)(VA) SC/ST Act.
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.
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 alongwith all the relevant documents
before the Superintendent of Police, Rajsamand and 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 Superintendent
(3 of 3) [CRLMP-6151/2021]
of Police, Rajsamand 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
57-Shahenshah/-
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