Rajasthan High Court - Jodhpur
Bhima Ram vs State on 9 March, 2021
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S. B. Criminal Misc. (Pet.) No. 906/2021
Bhima Ram S/o Bikha Ram, aged about 51 years, R/o
Chandanbala Nagar, Takhatgarh, District Pali (Raj.).
----Petitioner
Versus
1. State of Rajasthan
2. Superintendent of Police, Pali.
3. S.H.O. Police Station, Takhatgarh, District Pali.
4. Lalit Kumar S/o Juhar Malji, R/o Takhatgarh, District Pali
5. Vaga Ram S/o Juhar Malji, R/o Takhatgarh, District Pali.
6. Jyoti Devi W/o Juhar Malji, R/o Takhatgarh, District Pali.
7. Mukesh Kumar s/o unknown, R/o Takhatgarh, District
Pali.
----Respondents
For Petitioner(s) : Mr. Parag Joiya for Mr. R.P. Singaria
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. 179/2020 registered at Police Station Takhatgarh, District Pali
for the offences under Sections 143, 452, 354 & 427 of I.P.C. and
Sections 3(1)(r), 3(1)(s), 3(1)(w)(i), 3(1)(z) & 3(2)(va) of
S.C./S.T. (Prevention of Atrocities) Act, 1989.
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-906/2021]
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, Pali 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, Pali 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
31-Inder/-
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