Lakha Ram vs State Of Rajasthan
2021 Latest Caselaw 15458 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 4152/2021

Lakha Ram S/o Late Alsa Ram, Aged About 40 Years, R/o Amla, Tehsil Lohawat, District Jodhpur. (At Present Lodged In Judicial Custody)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Mahaveer Bhanwariya for Mr. Rajesh Punia For State : Mr. Gaurav Singh, PP assisted by Avinash Godara

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 fair investigation in FIR No.280/2020

registered at Police Station Lohawat, District Jodhpur.

2. Learned Public Prosecutor has submitted the report which is

taken on record. As per the report, police has already come to the

conclusion that offence is made out against Chuna Ram S/o Kesu

Ram and Narayan Ram S/o Raghunath Ram and that charge-sheet

would be filed before the concerned Court.

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

(2 of 2) [CRLMP-4152/2021]

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.

4. In view of the Judgment of the Apex Court and the fact that

police has come to the conclusion that offence is made out against

two accused, I do not find any force in the Criminal Misc. Petition

and the same is accordingly disposed. 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

Nikhil-Nirmala/ 23

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