Rajasthan High Court - Jodhpur
Rampratap vs State Of Rajasthan on 17 December, 2021
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 6907/2021
1. Rampratap S/o Devaram, Aged About 30 Years, B/c Jat,
R/o Malsar Sardarshahar, P.s. Bhanipura, Dist. Churu.
2. Devaram S/o Hemaram, Aged About 58 Years, B/c Jat,
R/o Malsar Sardarshahar, P.s. Bhanipura, Dist. Churu.
3. Kisnaram S/o Devaram, Aged About 32 Years, B/c Jat,
R/o Malsar Sardarshahar, P.s. Bhanipura, Dist. Churu.
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Noparam S/o Tilokaram Sharma, by caste , aged about
years, R/o Malsar Sardarshahar, P.s. Bhanipura, Dist.
Churu.
----Respondents
For Petitioner(s) : Mr. Ankit Prasad Singh
For Respondent(s) : Mr. Laxman Solanki, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
17/12/2021
1. The petitioners have preferred this criminal misc.
petition under Section 482 Cr.P.C. seeking fair investigation in FIR
No.214/2021 registered at Police Station Bhanipura, District Churu
for the offences under Sections 448, 380, 427, 506, 504 and
Section 34 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
(2 of 2) [CRLMP-6907/2021]
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 petitioners 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
petitioners submit a representation alongwith all the relevant
documents before the Superintendent of Police, Churu 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, Churu 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
81-SanjayS/-
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