Budhnath vs State Of Rajasthan
2021 Latest Caselaw 17939 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 6449/2021

Budhnath S/o Bhikhnath, Aged About 23 Years, B/c Kalbeliya, R/o Village Javasiya, Teh. Pipar City, Dist. Jodhpur, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. The Superintendent Of Police, Jodhpur Rural.

3. The Police Station Bilara, Jodhpur Rural.

----Respondents

For Petitioner(s) : Mr. Suresh Kumar Maru For Respondent(s) : Mr. Mukesh Trivedi, PP

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

29/11/2021

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

Section 482 Cr.P.C. seeking fair investigation in FIR No.435/2021

at Police Station Bilara, District Jodhpur for the offences under

Sections 451, 323, 354 & 379 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.

3. In Shyam Singh Vs. State of Rajasthan & Anr., 2015(3)

(2 of 2) [CRLMP-6449/2021]

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 along with all the relevant documents

before the Superintendent of Police, Jodhpur (Rural) 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, Jodhpur (Rural) to consider the representation along

with 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

65-/Vivek/-

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