Sumer Lal Sharma vs State Of Rajasthan
2021 Latest Caselaw 15455 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 4513/2021

Sumer Lal Sharma S/o Ram Lal Sharma, Aged About 33 Years, Sinli Jagir, Tehsil Pachpadra, Dist. Barmer, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Director General Of Police, Anti-Corruption Bureau, Jaipur- 302004

2. The State Of Rajasthan, Through Secretary, Local Self-

Department, Govt. Of Rajasthan, Secretariat, Jaipur, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Devendra Singh Rathore For State : Mr. Gaurav Singh, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

05/10/2021

1. Petitioner has preferred this Criminal Misc. Petition under

Section 482 Cr.P.C. seeking registration of FIR and fair

investigation.

2. Learned Public Prosecutor has submitted the report which is

taken on record.

3. As per the counsel, a complaint has now been registered by

ACB but they are not proceeding further with the complaint.

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

done properly. Apex Court has further observed that the High

(2 of 2) [CRLMP-4513/2021]

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. Stay application stands disposed.

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

Court to inquire about the progress of the investigation in the

complaint registered by ACB.

(PANKAJ BHANDARI),J Nikhil-Nirmala/25

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