Citation : 2021 Latest Caselaw 15900 Raj
Judgement Date : 21 October, 2021
(1 of 2) [CRLMP-5425/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 5425/2021
Gopal Singh @ Ramesh Kumar S/o Tikam Chand, Aged About 36 Years, R/o Ahore, District Jalore (Rajasthan)
----Petitioner Versus
1. State Of Rajasthan
2. The Superintendent of Police, Jalore.
3. The Station House Officer, Ahore, District Jalore.
----Respondents
For Petitioner(s) : Mr. Lalkar Singh Mr. Manohar Singh For Respondent(s) : Mr. S. K. Bhati, 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.195/2020 registered at Police Station Ahore, District Jalore for
the offence under Section 302 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
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
(2 of 2) [CRLMP-5425/2021]
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 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
67-/Vivek/-
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