Bharat Kumar Sodani vs State
2021 Latest Caselaw 15990 Raj

(1 of 2) [CRLMP-5193/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 5193/2021

Bharat Kumar Sodani S/o Sh. Badri Prasad Sodani, Aged About 30 Years, R/o D597/07, Sanjay Colony, Bhilwara.

----Petitioner Versus

1. State, Through Pp

2. Navin Trilokani S/o Sh. Jaykishan Trilokani, R/o. Sindhu Nagar Girls College Road, Near God Gift, Bhilwara.

3. Ramnchander Khotani S/o Sh. Ravachand Khotani, R/o.

Mahila Ashram Ke Pass, Bhilwara.

----Respondents

For Petitioner(s) : Mr. Naresh 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.112/2021 registered at Police Station Bheemganj, District

Bhilwara for the offence under Sections 457, 380, 323, 447, 427,

504, 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

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-5193/2021]

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 Superintendent of Police, Bhilwara 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, Bhilwara 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

114-/vivek/-

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