Bharat Ram vs State
2021 Latest Caselaw 7696 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 2945/2020

Bharat Ram S/o Kishna Ram, Aged About 65 Years, By Caste Vishnoi, R/o Tilwasni, Tehsil Bilara, District Jodhpur.

----Petitioner Versus

1. State, Through P.p.

2. S.h.o., Police Station Bilara, District Jodhpur (Raj.).

                                                                    ----Respondents


For Petitioner(s)           :     None present.
For Respondent(s)           :     Mr.Mukesh Trivedi, P.P.



             HON'BLE MR. JUSTICE SANDEEP MEHTA

                                       Order

18/03/2021

The instant miscellaneous petition has been filed by the

petitioner seeking direction for conducting fair investigation in

F.I.R. No.146/2020 registered at Police Station Bilara, District

Jodhpur.

The petitioner filed an F.I.R. No. 146/2020 at the Police

Station Bilara, District Jodhpur against the accused persons

named in the F.I.R. for the offences under Sections 341, 323 and

452 I.P.C. According to the learned counsel for the petitioner, the

police authorities have not taken any action against the accused

persons and thus appropriate direction be given for fair

investigation of the F.I.R.

This Court is of the opinion that in view of the observations

made and directions given by the Hon'ble Apex Court in the case

of Sakiri Vasu Vs. State of U.P., AIR 2008 SC 907, no person

(2 of 2) [CRLMP-2945/2020]

can be encouraged to directly approach this Court for seeking

direction of fair investigation. If any person is aggrieved of lack of

action by the police as regards the FIR which has been filed

by/against him/her, the appropriate course of action for the

aggrieved person is to first approach the Magistrate having

jurisdiction, who can call for the report from the investigating

officer and also instruct the investigating officer to investigate the

matter fairly. If the petitioner is aggrieved by any inaction of the

police, then he should move to the appropriate Court in

accordance with the directions issued by the Apex Court in the

aforesaid judgment. The trial court would be empowered to call for

the report from the I.O. and issue appropriate direction for fair

investigation in consonance with the view expressed by the

Hon'ble Apex Court.

With the aforesaid observations, the miscellaneous petition

and the stay petition are disposed of.

(SANDEEP MEHTA),J

/tarun goyal/ 81

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