Citation : 2021 Latest Caselaw 18583 Raj
Judgement Date : 7 December, 2021
(1 of 3) [CRLMP-6380/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 6380/2021
Sobha Purohit D/o Arjun Singh, Aged About 19 Years, R/o Modran, Ramsin, Jalore, Rajasthan.
----Petitioner Versus
1. State Of Rajasthan, Through Chief Secretary, Ministry Of Home Affairs, Jaipur (Raj.)
2. National Commission For Women (Ncw), Delhi.
3. Rajasthan State Commission For Women, Jaipur, Lal Kothi, Gandhi Nagar Mode, Tonk Road, Jaipur, Rajasthan - 302015.
4. Social Justice And Empowerment Department, G-3/1, Ambedkar Bhawan, Rajmahal Residency Area, Jaipur - 302005
5. Director General Of Police, Govt. Of Rajasthan, Police Head Quarter, Jaipur.
6. Inspector General Of Police, Jodhpur Range, Jodhpur.
7. The Superintendent Of Police, Jalore.
8. The S.h.o., Police Station, Sayla, District Jalore.
9. Cyber Crime Cell Rajasthan, Jaipur.
10. Women Crime Cell, Jalore.
11. Pintu S/o Mitharam Meghwal, R/o Kharal, Sayla, Jalore, Rajasthan.
12. Dayaram S/o Not Known, R/o Umedabadm, Jalore, Rajasthan.
13. Kikesh Meghwal S/o Not Known, R/o Kharal, Sayla, Jalore, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Pritam Joshi For Respondent(s) : Mr. S. S. Rajpurohit, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
(2 of 3) [CRLMP-6380/2021]
07/12/2021
1. The petitioner has preferred this criminal misc. petition
under Section 482 Cr.P.C. seeking fair investigation in FIR
No.231/2021 registered at Police Station Sayla, District Jalore for
the offences under Sections 376-D, 376(2)(N), 506, 384 of the
IPC. and Section 67A of the Information Technology Act, 2008 and
Section 3/4 of POCSO Act, 2012.
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, Jalore within a
(3 of 3) [CRLMP-6380/2021]
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
of Police, Jalore 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
60-/vivek/-
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