Happaram vs State Of Rajasthan
2021 Latest Caselaw 6967 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 1409/2021

Happaram S/o Sh. Khiyaram, Aged About 33 Years, B/c Vishnoi, R/o Rajeev Gandhi Colony, Pal Link Road, Jodhpur.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Assistant Police Commissioner, West Zone, Jodhpur Metro.

3. SHO, P.S. Devnagar, Jodhpur Metro.

----Respondents

For Petitioner(s) : Mr. Rama Kishan Bishnoi. For Respondent(s) : Mr. Sudhir Tak, PP

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

10/03/2021

1. The petitioner has preferred this criminal misc. petition

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

No.91/2021 registered at Police Station Devnagar, Jodhpur City

West for the offences under Sections 323, 341 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

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

(2 of 2) [CRLMP-1409/2021]

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 Assistant Commissioner, West Zone,

Jodhpur Metropolitan 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 Assistant

Commissioner, West Zone, Jodhpur Metropolitan 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

66-Anil Singh/-

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