Salma vs State Of Rajasthan
2021 Latest Caselaw 16670 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 4016/2021

Salma W/o Haji Mohammad, Aged About 45 Years, R/o.02, Khairadiyo Ka Mohalla, Pyara Chowk Pali, P.s. Kotwali Pali, Dist. Pali (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. The Superintendent Of Police (S.p.), District Pali (Raj.).

3. The Station House Officer (S.h.o.), Police Station- Kotwali Pali, Dist. Pali (Raj.).

4. Investigating Officer (I.o.) Of F.i.r. No. 0171/2021, Police Station Kotwali Pali, Dist. Pali (Raj.).

                                                                 ----Respondents


For Petitioner(s)         :     Mr. Sarwar Khan
For Respondent(s)         :     Mr. Anda Ram Choudhary, PP

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

09/11/2021

1. The petitioner has preferred this criminal misc. petition

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

No.0171/2021 registered at Police Station Kotwali Pali, District Pali

for the offences under Sections 341, 323, 354 & 384 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

(2 of 2) [CRLMP-4016/2021]

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 alongwith all the relevant

documents before the Superintendent of Police, District 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, District Pali 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

36-SanjayS/-

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