Neelam Kumari vs State Of Rajasthan
2021 Latest Caselaw 15898 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 5066/2021

Neelam Kumari D/o Vijay Kumar, Aged About 39 Years, r/o Near Rajan Cycle Store, Airforce Main Gate, Infront Of Vyas Colony, Ratanada, Jodhpur City East, Rajasthan.

----Petitioner Versus

1. The State Of Rajasthan through Public Prosecutor

2. The Commissioner Of Police, Jodhpur Metro.

3. The Deputy Commissioner Of Police (East), Jodhpur Metro.

4. The Station House Officer, Ratanada, Jodhpur Ctiy East, Rajasthan.

                                                                   ----Respondents


For Petitioner(s)           :     Mr. R.K. Soni
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

F.I.R. No.334/2021 registered at Police Station Ratanada, District

Jodhpur City East for the offence under Sections 420, 406, 376,

377, 323 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

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-5066/2021]

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 Commissioner of Police, Jodhpur Metro

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 Commissioner

of Police, Jodhpur Metro 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

96-payal/-

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