Shamsad Ali vs State Of Rajasthan
2021 Latest Caselaw 17321 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 4656/2021

Shamsad Ali S/o Asak Ali, Aged About 47 Years, B/c Musalman, R/o Dhani Araiyan, Tehsil Nohar, District Hanumangarh.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. The Inspector General Of Police, Rajasthan Bikaner.

3. The Superintendent Of Police, Hanumangarh.

4. The S.h.o., Police Station, Nohar, District Hanumangarh.

----Respondents

For Petitioner(s) : Mr. I.R. Choudhary For Respondent(s) : Mr. A.R. Choudhary, PP

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order

20/11/2021

1. The petitioner has preferred this criminal misc. petition under

Section 482 Cr.P.C. seeking fair investigation in FIR No.252/2021

registered at Police Station Nohar, District Hanumangarh for the

offences under Sections 307, 447, 430, 323, 147, 148 and 149 of

IPC and for adding offences punishable under Sections 324, 325,

326, 302 and 302/34 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 establishing rule of

law.

(2 of 2) [CRLMP-4656/2021]

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, Hanumangarh 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, Hanumangarh 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

101-/vivek/-

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