Ogad Ram vs State Of Rajasthan
2021 Latest Caselaw 15450 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 5054/2021

Ogad Ram S/o Sh. Haka Ram, Aged About 68 Years, Village Ghenri, Tehsil Rani, P.s. Khinwara, Dist. Pali (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Tara Ram S/o Dunga Ram, Village Ghenri, Tehsil Rani, P.s.

Khinwara, Dist. Pali (Raj.).

3. Goma Ram S/o Navla Ram, Village Ghenri, Tehsil Rani, P.s. Khinwara, Dist. Pali (Raj.).

4. Mangi Lal S/o Ghisha Ram, Village Ghenri, Tehsil Rani, P.s. Khinwara, Dist. Pali (Raj.).

5. Chuna Ram S/o Nema Ram, Village Ghenri, Tehsil Rani, P.s. Khinwara, Dist. Pali (Raj.).

6. Leela W/o Thana Ram, Village Ghenri, Tehsil Rani, P.s.

Khinwara, Dist. Pali (Raj.).

7. Sava Ram S/o Teja Ram, Village Ghenri, Tehsil Rani, P.s.

Khinwara, Dist. Pali (Raj.).

----Respondents

For Petitioner(s) : Mr. VR Choudhary For Respondent(s) : Mr. Mukhtiyar Khan, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Order

05/10/2021

1. Petitioner has preferred this Criminal Misc. Petition under

Section 482 Cr.P.C. seeking fair investigation in FIR No. 94/2021

P.S. Khinwara District Pali.

2. Learned Public Prosecutor has submitted the report which is

taken on record. Learned Public Prosecutor submits that the

(2 of 2) [CRLMP-5054/2021]

police has also come to the conclusion that the offence is made

out and it is further investigating the case.

3. 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

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.

4. 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. Stay application stands disposed.

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

Magistrate to inquire about the progress of the investigation.

(PANKAJ BHANDARI),J

ns. 40-1/-

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