Suresh Kumar vs State
2021 Latest Caselaw 15777 Raj

(1 of 2) [CRLMP-5486/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 5486/2021

Suresh Kumar S/o Budha Ram, Aged About 50 Years, R/o Bapunagar Jhalamand, Kudi Bhagtasani, Jodhpur.

----Petitioner Versus State of Rajasthan

----Respondent

For Petitioner(s) : Mr. Umesh Shrimali For Respondent(s) : Mr. Arun Kumar, PP

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

20/10/2021

1. The petitioner has preferred this criminal misc. petition

under Section 482 Cr.P.C. seeking fair investigation in FIR

No.65/2021 registered at Police Station Nagouri Gate, District

Jodhpur City East for the offence under Sections 498-A, 302 & 34

of the IPC.

2. In Manoj Kumaria Shankaria Vs. State of

Rajasthan & Anr., 2014(3) Raj.CriC 965, Narayan Singh Vs.

State of Rajasthan & Anr., 2013(1) Cri.L.R.264 and Aziza

Begum Vs. State of Maharashtra & Anr., 2012(1) RLW 835,

wherein the Hon'ble Apex Court has held that a fair and proper

investigation is always conducive to the ends of justice and for

establishing rule of law.

3. In Shyam Singh Vs. State of Rajasthan & Anr.,

2015(3) Cri.L.R. 1375 and Gopal Nath Vs. State of

(2 of 2) [CRLMP-5486/2021]

Rajasthan & Anr., 2015(4) Cri.L.R. 1617, relying upon the

judgment of Hon'ble Supreme Court in the case of Arnesh

Kumar V/s State of Bihar & Anr., reported in (2014) 8 SCC

273, also the petitioner therein was permitted to submit a

representation before the investigating officer and the

investigating officer was directed to consider the documents

before forming any opinion.

4. Learned Public Prosecutor assures this Court that fair

and transparent investigation shall be made, and in case the

petitioner submits a representation along with all the relevant

documents before the Station House Officer, Nagouri Gate,

Jodhpur within a period of ten days from today, then the same

shall be considered at the time of investigation.

5. In light of the aforesaid precedent law as well as the

assurance given by the learned Public Prosecutor, the present

misc. petition is disposed of with a direction to the Station House

Officer, Nagouri Gate, Jodhpur to consider the representation

alongwith all the relevant documents, if submitted by the

petitioner within a period of ten days from today, and conduct fair

investigation, strictly in accordance with law.

(VINIT KUMAR MATHUR),J

100-/Vivek/-

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