Heena vs State Of Rajasthan
2021 Latest Caselaw 15780 Raj

(1 of 2) [CRLMP-5615/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 5615/2021

Heena W/o Ravinder D/o Pramod Kumar, Aged About 28 Years, R/o. Uttam Nagar, Near Railway Station Phalodi Dist. Jodhpur.

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Department Of Home, Govt. Of Rajasthan, Jaipur.

2. Inspector General Of Police, Jodhpur Range, Jodhpur.

3. The Superintendent Of Police, Jodhpur Rural.

4. Addl. Superintendent Of Police, Jodhpur Rural.

5. Station House Officer, P.s. Phalodi Dist. Jodhpur.

6. Ravider S/o Hindu Kumar, R/o. Village Lordiya Tehsil Phalodi Dist. Jodhpur.

7. Sharda W/o Hinu Kumar, R/o. Village Lordiya Tehsil Phalodi Dist. Jodhpur.

8. Hindu Kumar S/o Prem Raj, R/o. Village Lordiya Tehsil Phalodi Dist. Jodhpur.

9. Kavinder S/o Hindu Kumar, R/o. Village Lordiya Tehsil Phalodi Dist. Jodhpur.

----Respondents

For Petitioner(s) : Mr. Parikshit Nayak For Respondent(s) : Mr. A. R. Choudhary, 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 F.I.R.

No.0099/2021, registered at Police Station Phalodi, District

Jodhpur for the offence under Sections 498-A, 406, 323, 354,

376-D & 377 of 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,

(2 of 2) [CRLMP-5615/2021]

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

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, Jodhpur Rural

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, Jodhpur Rural 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

45-/Vivek/-

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