Kavita vs State
2021 Latest Caselaw 15991 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 1167/2021

Smt. Kavita W/o Shri Ratan Baori, Aged About 27 Years, R/o Rajeev Gandhi Nagar Kachchi Basti, Kudi Bhagtasani, Tehsil Luni, District Jodhpur (Rajasthan).

----Petitioner Versus

1. State, Through P.p.

2. The Commissioner Of Police, Jodhpur Police Commissionerate, Jodhpur.

3. S.h.o. Kudi Bhagtasani Police Station, Jodhpur.

                                                                ----Respondents


For Petitioner(s)        :     None
For Respondent(s)        :     Mr. S.K. Bhati, PP

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

22/10/2021

The case was listed on 21.10.2021 but nobody was present.

Even today, nobody is present to argue the matter.

The petitioner has preferred this criminal misc. petition under

Section 482 Cr.P.C. seeking fair investigation in FIR No. 0377/2018

registered at Police Station Kudi Bhagtasani, District Jodhpur for

the offences under Sections 323, 324, 341 & 354 of IPC after

adding Section 307 of IPC and SC/ST Act.

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

(2 of 2) [CRLMP-1167/2021]

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.

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.

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 within a period of ten

days from today, then the same shall be considered at the time of

investigation.

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 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 200-/Vivek/Shahenshah/-

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