Om Prakash vs State Of Rajasthan
2021 Latest Caselaw 17274 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 4150/2021

Om Prakash S/o Laxmi Narain, Aged About 57 Years, R/o Ward No. 27, Rajgarh, Tehsil Rajgarh, District Churu.

----Petitioner Versus

1. State Of Rajasthan, Through PP.

2. Inspector General Of Police, Bikaner Range, Bikaner.

3. Superintendent Of Police, Churu.

4. Sho Of Rajgarh Police Station, District Churu.

                                                                ----Respondents


For Petitioner(s)        :     Mr. Aziz Khan
                               Mr. Manish Dhebana
For Respondent(s)        :     Mr. S.K. Bhati, PP

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment

18/11/2021 The petitioner has preferred this criminal misc. petition under

Section 482 Cr.P.C. seeking fair investigation in FIR No.19/2021

registered at Police Station Rajgarh, District Churu for the offences

under Sections 323, 452, 427, 379, 147, 148 and 149 of IPC.

Learned Public Prosecutor has submitted the factual report

before this Court. From the factual report, it is apparent that

number of persons against whom the petitioner has lodged the

FIR, three persons are found to have been involved in the incident

and the police is taking appropriate steps for proceeding against

them.

Learned counsel for the petitioner submits that since number

of persons have been let out and only three persons are found to

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have been involved in the incident, therefore, he seeks liberty to

file a detailed representation to the Superintendent of Police,

Churu.

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, Churu within a period of ten

days from today, then the same shall be considered at the time of

investigation.

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.

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.

In light of the aforesaid precedent law as well as the

assurance given by the learned Public Prosecutor, the present

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misc. petition is disposed of with a direction to the Superintendent

of Police, Churu 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

10-Shahenshah/-

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