Ram Kumar vs State
2021 Latest Caselaw 15372 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 1726/2021

Ram Kumar S/o Sh. Moti Lal Jat, Aged About 55 Years, R/o Gujaro Ka Jhopra, Gothda, Kotdi, Dist. Bhilwara.

----Petitioner Versus

1. State, Through The Public Prosecutor

2. Sh. Ram Lal S/o Sh. Moti, R/o Gujaro Ka Jhopra, Gothda Kotdi, Dist. Bhilwara.

3. Sh. Suwa Lal S/o Sh. Moti Lal, R/o Gujaro Ka Jhopra, Gothda, Kotdi, Dist. Bhilwara.

----Respondents

For Petitioner(s) : Mr. Jaipal Singh for Mr. SS Sisodia For Respondent(s) : Mr. SS Rajpurohit, PP Mr. Gajendra Singh, Addl. SP Bhilwara present in person.

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Order

04/10/2021

1. Petitioner has preferred this Criminal Misc. Petition under

Section 482 Cr.P.C. seeking fair investigation in FIR No. 178/2019

P.S. Kotdi, District Bhilwara.

2. Mr. Gajendra Singh, SP, Bhilwara is present in person who

has produced the report. It is informed by him that further

investigation is to be done on other counts.

3. I have considered the contentions.

4. Apex Court in "Sakiri Vasu vs. State of U.P. & Ors. AIR

2008 SC Page 907" has held that the Judicial Magistrate has

very wide powers to enquire about the investigation and for

monitoring the investigation to ensure that the investigation is

(2 of 2) [CRLMP-1726/2021]

done properly. Apex Court has further observed that the High

Court should discourage the practice of filing Writ Petitions or

petitions under Section 482 Cr.P.C. simply because a person has a

grievance that investigation has not been done properly by the

Police. For this grievance, the remedy lies before the concerned

Magistrate.

5. In view of the Judgment of the Apex Court, I do not find any

force in the Criminal Misc. Petition and the same is accordingly

disposed of.

6. However, petitioner would be free to approach the concerned

Magistrate to inquire about the progress of the investigation.

(PANKAJ BHANDARI),J

ns. 140-1/-

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