Galji Patel vs State Of Rajasthan
2021 Latest Caselaw 15986 Raj

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 4779/2021

Galji Patel S/o Shri Gautam Patel, Aged About 34 Years, R/o Pindawal Tehsil Sabla District Dungarpur, Rajasthan.

----Petitioner Versus

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

2. Inspector General Of Police, Udaipur Range, Udaipur, Rajasthan.

3. Superintendent Of Police, Dungarpur, District Dungarpur, Rajasthan.

4. Station House Officer, P.s. Sabla, District Dungarpur, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Mahaveer Singh For Respondent(s) : Mr. S. K. Bhati, PP

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

22/10/2021

1. The petitioner has preferred this criminal misc. petition

under Section 482 Cr.P.C. seeking fair investigation in F.I.R.

No.30/2020 registered at Police Station Sabla, District Dungarpur

for the offence under Sections 302 & 34 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

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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, Dungarpur 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, Dungarpur 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

109-/vivek/-

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