Ramu Ram vs State Of Rajasthan
2021 Latest Caselaw 15452 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 4956/2021

Ramu Ram S/o Shri Heera Ram, Aged About 73 Years, Resident Of Khakharaki, Tehsil Nawa City, District Nagaour (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Gopal Ram S/o Ramu Ram, Resident Of Khakharaki, Tehsil Nawa City, District Nagaour (Raj.)

3. Sohani Devi W/o Gopal, Resident Of Khakharaki, Tehsil Nawa City, District Nagaour (Raj.)

4. Sagar S/o Ramu Ram, Resident Of Khakharaki, Tehsil Nawa City, District Nagaour (Raj.)

5. Bhagwati Devi W/o Sagar, Resident Of Khakharaki, Tehsil Nawa City, District Nagaour (Raj.)

6. Narayan S/o Heera Ram, Resident Of Khakharaki, Tehsil Nawa City, District Nagaour (Raj.)

7. Dakha Devi D/o Narayan, Resident Of Khakharaki, Tehsil Nawa City, District Nagaour (Raj.)

8. Mahendra S/o Narayan, Resident Of Khakharaki, Tehsil Nawa City, District Nagaour (Raj.)

9. Station House Officer, Police Station Nawa, District Nagaur (Raj.)

----Respondents

For Petitioner(s) : Mr. SS Rathore 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. 84/2021,

registered at P.S. Nawa District Nagaur.

(2 of 2) [CRLMP-4956/2021]

2. Report was sought from the Police. The Police has submitted

a report that the complainant is not co-operating in the

investigation.

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. 34-1/-

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