Jaya Soni vs State Of Rajasthan
2021 Latest Caselaw 15779 Raj

(1 of 2) [CRLMP-5637/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 5637/2021

Jaya Soni W/o Late Nitesh Kumar Soni, Aged About 31 Years, B/c Soni, R/o Jagdamba Medical Hols, New Sadak, Falodi, District Jodhpur.

----Petitioner Versus

1. State Of Rajasthan

2. The Superintendent Of Police, Rural District Jodhpur.

3. Station House Officer, Police Station Falodi, District Jodhpur Rural.

----Respondents

For Petitioner(s) : Mr. S. K. Dadhich For Respondent(s) : Mr. S. K. Bhati, PP Mr. Vijay Kumar Gour

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment

20/10/2021

1. The petitioner has preferred this criminal misc. petition

under Section 482 Cr.P.C. seeking fair investigation in F.I.R.

No.323/2021 registered at Police Station Falodi, District Jodhpur

Rural for the offence under Sections 498-A, 406 & 120-B 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

(2 of 2) [CRLMP-5637/2021]

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

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 Superintendent of Police Rural District

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 Superintendent

of Police Rural District Jodhpur to consider the representation

along with 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

104-/Vivek/-

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