Rajasthan High Court
Smt. Rakhi Gupta W/O Shri Neeraj ... vs State Of Rajasthan on 23 November, 2021
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 7347/2021
Smt. Rakhi Gupta W/o Shri Neeraj Khandelwal, Aged About 38
Years, Resident Of Flat No.2151, Block 38, Rangoli Garden,
Police Station Karni Vihar, Jaipur (West), Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through P.p.
2. Police Commissioner, Office At M.i Road, Sardar Patel
Marg, Adjacent To Bsnl Head Office, Ashok Nagar, Jaipur.
3. Deputy Commissioner Of Police, Jaipur (West).
4. S.h.o, Police Station Karni Vihar, Jaipur (West).
5. Udai Singh, Investigation Officer, Police Station Karni
Vihar, Jaipur.
----Respondents
For Petitioner(s) : Ms. Nidhi Khandelwal
For Respondent(s) : Mr. Shyam Prakash Sharma
For State : Mr. Sher Singh Mahla, PP
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Judgment / Order
23/11/2021
1. Petitioner has preferred this criminal misc. petition with a
prayer that fair, proper and impartial and speedy investigation be
conducted in F.I.R. No.456/2021 dated 31.10.2021, registered at
police Station Karni Vihar, District Jaipur (West).
2. Counsel for the State has opposed the criminal misc.
petition. His contention is that proper course available to the
(2 of 3) [CRLMP-7347/2021]
petitioner is to approach the concerned Magistrate who is
empowered to monitor the investigation.
3. I have considered the contentions.
4. The Apex Court in 'Sakiri Vasu vs State of U.P. & Ors.'
AIR 2008 SC Page 907 held that Section 156(3) Cr.P.C. gives vide
powers to the Magistrate, which are necessary for ensuring a
proper investigation, and it includes the power to order
registration of an F.I.R. and of ordering a proper investigation if
the Magistrate is satisfied that a proper investigation has not been
done, or is not being done by the police. Section 156(3) Cr.P.C.,
though briefly worded is very wide and it will include all such
incidental powers as are necessary for ensuring a proper
investigation. The Apex Court observed that the Magistrate is
having vide powers to direct registration of an F.I.R. and for
directing proper investigation.
5. The Apex Court further observed that High Court should
discourage the practice of filing of writ petition or petition under
section 482 Cr.P.C. simply because a person has a grievance that
his FIR has not been registered, or after being registered, proper
investigation has not been done by the police.
6. In view of the judgment of the Apex Court and as per the
report submitted by the learned Public Prosecutor, police has
already conducted the investigation and also got the complainant
medically examined, hence I am not inclined to entertain the
petition.
7. Accordingly, criminal misc. petition stands disposed of. Stay
application also stands disposed.
8. However, petitioner would be free to approach the concerned
Magistrate to enquire about the progress of the investigation in his
(3 of 3) [CRLMP-7347/2021]
case. Concerned Magistrate is directed to pass appropriate order
in accordance with law.
(PANKAJ BHANDARI),J
ARTI SHARMA /95
Powered by TCPDF (www.tcpdf.org)
