Kailash vs State Of Rajasthan
2021 Latest Caselaw 19317 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 7075/2021

Kailash S/o Purkha Ram, Aged About 24 Years, B/c Bhil, R/o Bhilo Ka Mohlla Amla, Police Station Phalodi, District Jodhpur, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. The Inspector General Of Police, Jodhpur Ranj, Jodhpur.

3. The Superintendent Of Police, Jodhpur Rural Rajasthan.

4. The Station House Officer, Police Station Phalodi, District Jodhpur, Rajasthan.

5. Megh Singh S/o Uday Singh, B/c Rajput, R/o Amla Police Station Phalodi, District Jodhpur.

6. Vishnu Pratap Singh @ Vikaram Singh S/o Megh Singh, B/c Rajput, R/o Amla Police Station, Phalodi, District Jodhpur.

7. Jalam Singh S/o Bhawar Singh, B/c Rajput, R/o Amla Police Station, Phalodi, District Jodhpur.

8. Bhom Singh S/o Unknown, B/c Rajput, R/o Bhadkamlo Ki Dhani, Kheechan, Phalodi, District Jodhpur.

                                                                ----Respondents


For Petitioner(s)        :     Mr. Bhima Ram
For Respondent(s)        :     Mr. S.K. Bhati, PP

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

17/12/2021

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

Section 482 Cr.P.C. seeking fair investigation in FIR No.196/2020

registered at Police Station Phalodi, District Jodhpur for the

(2 of 3) [CRLMP-7075/2021]

offences under Sections 143, 341, 323, 452, 354 of IPC and

SC/ST Act 3(1)(S), 3(2).

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, Jodhpur Rural 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-7075/2021]

of Police, Jodhpur Rural 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

74-payal/-

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