Rajasthan High Court - Jodhpur
Shiv Giri Swami vs State Of Rajasthan on 25 March, 2021
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4286/2019
Shiv Giri Swami S/o Sh. Ganesh Giri, Aged About 51 Years, By
Caste Swami, Resident Of Village Sanjata, Police Station Sadar,
Tehsil And Dist. Barmer (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Devraj @ Devaram S/o Sh. Chena Ram, By Caste Jat,
Resident Of Village Sanjata, Police Station Sadar, Tehsil
And Dist. Barmer (Raj.)
3. Motaram @ Man Singh S/o Sh. Chena Ram, By Caste Jat,
Resident Of Village Sanjata, Police Station Sadar, Tehsil
And Dist. Barmer (Raj.)
4. Ramaram @ Rama Arya S/o Sh. Poonma Ram, By Caste
Jat, Resident Of Village Sanjata, Police Station Sadar,
Tehsil And Dist. Barmer (Raj.)
5. Daluram S/o Shr. Kanaram, By Caste Jat, Resident Of
Village Sanjata, Police Station Sadar, Tehsil And Dist.
Barmer (Raj.)
6. Hadman Ram S/o Sh. Daluram, By Caste Jat, Resident Of
Village Sanjata, Police Station Sadar, Tehsil And Dist.
Barmer (Raj.)
7. Jeetu @ Jitendra S/o Sh. Dalu Ram, By Caste Jat,
Resident Of Village Sanjata, Police Station Sadar, Tehsil
And Dist. Barmer (Raj.)
8. Poonma Ram S/o Sh. Jalu Ram, By Caste Jat, Resident Of
Village Sanjata, Police Station Sadar, Tehsil And Dist.
Barmer (Raj.)
9. Natha Ram S/o Sh. Jalu Ram, By Caste Jat, Resident Of
Village Sanjata, Police Station Sadar, Tehsil And Dist.
(2 of 3) [CRLMP-4286/2019]
Barmer (Raj.)
10. Bhura Ram S/o Sh. Magna Ram, By Caste Jat, Resident Of
Village Sanjata, Police Station Sadar, Tehsil And Dist.
Barmer (Raj.)
----Respondents
For Petitioner(s) : Mr. Pradeep Shah
For Respondent(s) : Mr. Mahipal Bishnoi, PP
Mr. Karan Joshi
HON'BLE MR. JUSTICE SANDEEP MEHTA
Judgment
25/03/2021
The instant criminal misc. petition under Section 482 Cr.P.C.
has been filed by the petitioner seeking a direction for fair
investigation of the FIR No.75/2019 Police Station Sindhari,
Barmer.
Learned Public Prosecutor has placed on record the factual
report, as per which, the investigating officer has found the
offences proved against six accused persons namely Bhura Ram,
Natharam, Daluram, Hanumanram, Punmaram and Jitendra @
Jitu. The other accused person who have been named by the
complainant were not involved in the offences. The accused Jitu @
Jitendra is yet to be arrested. At present, it would be totally
unjustified for this Court to delve into the merits of the
conclusions drawn by the investigating agency or to comment
thereupon for finding out the complicity or otherwise of left out
accused as such an exercise would amount to fishing into disputed
questions of fact.
(3 of 3) [CRLMP-4286/2019]
The petitioner shall be at liberty to approach the trial court
by virtue of the powers conferred upon it by Section 190/193
Cr.P.C. for summoning the left out accused, if so desired.
In wake of the above discussion, the Investigating Officer is
directed to file result of the investigation in the court concerned at
the earliest and not later than thirty days from today. Needless to
say that after the result of investigation is submitted in the court
concerned, the petitioner shall be at liberty to take recourse of the
suitable legal remedy for ventilating his grievances.
With above observations, the misc. petition as well as the
stay application are disposed of.
(SANDEEP MEHTA),J
53-Sudhir Asopa/-
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