Shivraj Singh vs State Of Rajasthan
2021 Latest Caselaw 15892 Raj

(1 of 2) [CRLMP-5691/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 5691/2021

Shivraj Singh S/o Shri Bhagwat Singh Ji, Aged About 29 Years, B/c Rajput, Permanent Address- Rajputo Ka Bas, Village Rama, Tehsil Ahore, Dist. Jalore (Raj.). Presently R/o Ratanada, Jodhpur (Raj.).

----Petitioner Versus

1. State Of Rajasthan

2. Dashrath Kumar Soni S/o Sh. Purushottam Soni, Aged About 32 Years,

3. Smt. Lalita W/o Sh. Dashrath Kumar, Aged About 26 Years, Both B/c Soni, R/o Village Rama, Thana Bhadrajun, Tehsil Aahore, Dist. Jalore (Raj.).

4. Santosh Soni S/o Sh. Purushottam Soni, B/c Soni, R/o Village Rama, Thana Bhadrajun, Tehsil Aahore, Dist. Jalore (Raj.).

                                                                   ----Respondents


For Petitioner(s)           :     Mr. P. D. Dave
For Respondent(s)           :     Mr. A. R. Choudhary, 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 F.I.R.

No.0108/2021 registered at Police Station Bhadrajun, District

Jalore for the offence under Sections 195, 211, 323, 341, 388,

389, 420, 406, 467, 468, 469, 470, 471, 506 & 120-B of the I.P.C.

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

(2 of 2) [CRLMP-5691/2021]

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

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, Jalore 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, Jalore 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 79-/Vivek/-

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