Ramshankar Joshi vs State Of Rajasthan
2021 Latest Caselaw 18746 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 6507/2021

Ramshankar Joshi S/o Kalulal Joshi, Aged About 71 Years, R/o Modi, PS Kheroda, District Udaipur (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through PP

2. Suresh Kumar Joshi S/o Jamna Shankar Joshi, R/o Modi, PS Kheroda, District Udaipur (Raj.)

3. Mohan Lal Jain S/o Kanahiya Lal Jain, R/o 8, Shiv Nagar, Gariyawas, Udaipur.

4. Nathu Singh S/o Govind Singh, R/o Nago Ko Khera, Tehsil Mavali, District Udaipur.

----Respondents

For Petitioner(s) : Mr. Bharat Shrimali For Respondent(s) : Mr. Mukesh Trivedi, PP

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order

09/12/2021

1. The petitioner has preferred this criminal misc. petition under

Section 482 Cr.P.C. seeking fair investigation in FIR No.80/2019

registered at Police Station Kheroda, District Udaipur for the

offence under Sections 420 & 120-B of IPC.

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-6507/2021]

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 Superintendent of Police, Udaipur 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

of Police, Udaipur 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

118-/Vivek/-

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