Narayan Lal Prajapat vs State Of Rajasthan
2021 Latest Caselaw 18443 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 934/2021

1. Narayan Lal Prajapat S/o Late Shri Balu, Aged About 83 Years, R/o Village Boheda, Tehsil Badi Sadari, District Chittorgarh (Raj.).

2. Bheru Lal S/o Late Shri Uda Ji, Aged About 81 Years, R/o Village Boheda, Tehsil Badi Sadari, District Chittorgarh (Raj.).

3. Damodar Lal Naraniwal S/o Shri Keshrimal, Aged About 70 Years, R/o Village Boheda, Tehsil Badi Sadari, District Chittorgarh (Raj.).

4. Paras Ram Choudhary S/o Shri Bheru Lal Choudhary, Aged About 45 Years, R/o Village Boheda, Tehsil Badi Sadari, District Chittorgarh (Raj.).

5. Kishan Lal Khandelwal S/o Shiv Prasad Khandelwal, Aged About 40 Years, R/o Village Boheda, Tehsil Badi Sadari, District Chittorgarh (Raj.).

6. Choga Lal Dangi S/o Shri Shankar Lal Dangi, Aged About 40 Years, R/o Village Boheda, Tehsil Badi Sadari, District Chittorgarh (Raj.).

7. Ramchandra Dabad S/o Shri Jagan Nath, Aged About 45 Years, R/o Village Boheda, Tehsil Badi Sadari, District Chittorgarh (Raj.).

8. Chunni Lal S/o Shri Bheru Lal, Aged About 40 Years, R/o Village Boheda, Tehsil Badi Sadari, District Chittorgarh (Raj.).

9. Chunni Lal S/o Shri Narayan Lal, Aged About 40 Years, R/ o Village Boheda, Tehsil Badi Sadari, District Chittorgarh (Raj.).

10. Shankar Lal Jakhar, S/o Shri Gopal Jakhar, Aged About 62 Years, R/o Village Boheda, Tehsil Badi Sadari, District Chittorgarh (Raj.).

11. Radheyshyam Prajapat S/o Shri Narayan Prajapat, Aged About 42 Years, R/o Village Boheda, Tehsil Badi Sadari, District Chittorgarh (Raj.).

----Petitioners Versus

1. State Of Rajasthan, Through P.P.

2. Nand Lal Kharol, S/o Shri Shankar Lal Kharol, R/o Village Boheda, Tehsil Badi Sadari, District Chittorgarh (Raj.).

                                                                ----Respondents


For Petitioner(s)        :     Mr. Dinesh Kumar Godara
For Respondent(s)        :     Mr. S.K. Bhati, PP assisted by
                               Mr. Avinash Godara




                                         (2 of 3)                 [CRLMP-934/2021]

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment

03/12/2021 The defects pointed out by the Registry are overruled.

The petitioner has preferred this criminal misc. petition under

Section 482 Cr.P.C. seeking fair investigation in FIR No.118/2020

registered at Police Station Badi Sadari, District Chittorgarh for the

offences under Sections 143, 341, 323 and 382 of IPC.

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.

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.

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, Chittorgarh within a period of

ten days from today, then the same shall be considered at the

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time of investigation.

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

of Police, Chittorgarh to consider the representation alongwith 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

126-Shahenshah/-

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