Kamla Sharma vs State Of Rajasthan
2021 Latest Caselaw 6828 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S. B. Criminal Misc. (Pet.) No. 1489/2021

Smt. Kamla Sharma W/o Shri Ved Prakash, aged about 54 years, R/o Ward No. 10, In Front of Gaur Dharamshala, Purani Aabadi, Sri Ganganagar (Raj.).

----Petitioner Versus

1. State of Rajasthan

2. Director General of Police, Jaipur.

3. Inspector General of Police, Bikaner Range, Bikaner.

4. Superintendent of Police, Sri Ganganagar.

5. Station House Officer, Police Station Purani Aabadi, District Sri Ganganagar.

----Respondents

For Petitioner(s) : Mr. Rakesh Matoria For Respondent(s) : Mr. A. Bhurat, P.P.

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

09/03/2021

1. The petitioner has preferred this criminal misc. petition

under Section 482 of Cr.P.C. seeking fair investigation in FIR

No. 279/2019 registered at Police Station Purani Aabadi, District

Sri Ganganagar for the offences under Sections 452, 323, 354,

382, 147, 148 & 149 of I.P.C.

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,

the Hon'ble Apex Court has held that a fair and proper

(2 of 2) [CRLMP-1489/2021]

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 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, Sri Ganganagar

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, Sri Ganganagar 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 33-Inder/-

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