Salma Bano vs State Of Rajasthan
2021 Latest Caselaw 6554 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 600/2021

Salma Bano W/o Akbar Khan, Aged About 26 Years, B/c Teli Musalman, R/o Jaitpur, P.s. Rohat, Tehsil Rohat, Dist. Pali.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Inspector General Of Police, Jodhpur Range, Jodhpur.

3. Superintendent Of Police, Pali.

4. S.h.o., Police Station Rohat, Dist. Pali.

----Respondents

For Petitioner(s) : Mr. Panney Singh, through V.C. For Respondent(s) : Mr. Mukhtiyar Khan, PP.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

04/03/2021

The instant criminal misc. petition under Section 482 Cr.P.C.

has been filed by the petitioner for direction given to the Police

Authority to do further and fair investigation in connection with

FIR No.267/2020 lodged at Police Station Rohat, District Pali for

offence under Section 376 IPC.

Learned counsel for the petitioner through Video call submits

that the petitioner is prosecutrix and she gave statements under

Section 164 Cr.P.C. before the Court, but the Investigating Officer

ignoring the averments made in the FIR as well as statement

recorded under Section 164 Cr.P.C and filed the final negative

report against the principle of natural justice, which was not

acceptable in eye of law. He further submits that the act of the

(2 of 2) [CRLMP-600/2021]

Investigating agency is highly reckless. On this count alone further

investigation is required in this matter.

Learned Public Prosecutor has submitted a report dated

03.03.2021 received from the Police Station Rohat, District Pali, in

which it has been mentioned that after thorough investigation

Police submits final report in this case. The said report may be

taken on record.

Heard learned counsel for the petitioner as well as learned

Public Prosecutor.

I have considered the arguments advanced before me and

perused the material available on record. In these circumstances,

the present misc. petition is disposed of with liberty to the

petitioner to file a fresh application before the learned trial Court

as per the judgment rendered in Sakiri Vasu Vs. State of UP &

Ors. (2008) 2 SCC 409.

(MANOJ KUMAR GARG),J 72-Priyal/-

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