Arjun Singh vs State Of Rajasthan
2021 Latest Caselaw 9491 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 2365/2021

Arjun Singh S/o Sh. Bhagirath Singh, Aged About 55 Years, B/c Rajpurohit, R/o Heerani, Kuchaman City, District Nagaur (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. The Superintendent Of Police, Nagaur (Raj.).

3. S.h.o., Police Station Kuchaman City, District Nagaur (Raj.).

----Respondents

For Petitioner(s) : Mr. Akash Goyal through VC For Respondent(s) : Mr. Mohd. Javed Gauri, PP

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

19/05/2021

Lawyers are not physically appearing in the Court in view of

the unprecedented situation being faced by the country due to

pandemic of novel corona virus (COVID-19).

The petitioner has preferred this criminal misc. petition

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

No.58/2021, registered at Police Station Kuchaman City, District

Nagaur for the offences under Sections 143, 452, 307 of IPC.

In the case of 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 held that a fair and proper

investigation is always conducive to the ends of justice and for

(2 of 2) [CRLMP-2365/2021]

establishing rule of law.

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.

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 Superintendent of Police, Nagaur within a

period of ten days from today. In case the representation is filed,

the same shall be considered at the time of investigation.

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, Nagaur 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

70-SanjayS/-

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