Chotu Singh vs State Of Rajasthan
2021 Latest Caselaw 15889 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 5628/2021

Chotu Singh S/o Shri Nahar Singh, Aged About 58 Years, R/o 81 Megh Nagar, Paal Road, Kudi Bhagtasani, Jodhpur City West, Rajasthan.

----Petitioner Versus

1. State of Rajasthan, Through PP

2. The Police Commissioner, Jodhpur, Rajasthan.

3. The Station House Officer, Police Station- Kudi Bhagtasani, Jodhpur City West, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Kaushal Sharma For Respondent(s) : Mr. Arun Kumar, PP

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

21/10/2021

1. The petitioner has preferred this criminal misc. petition

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

No.218/2021 registered at Police Station Kudi Bhagtasani, District

Jodhpur City West, for the offences under Sections 323, 341, 389,

392, 406 & 120B 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,

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.

(2 of 2) [CRLMP-5628/2021]

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 Police Commissioner, 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 Police

Commissioner, 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

196-Shahenshah/-

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