Mada Ram vs State Of Rajasthan
2021 Latest Caselaw 16097 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 5726/2021

Mada Ram S/o Late Shri Joga Ram, Aged About 63 Years, B/c Meghwal, R/o Meghwalo Ka Bass, Roodkali, Police Station Dangiyawas, Tehsil / District Jodhpur. Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. The Police Commissioner, Jodhpur Commissionerate Rajasthan.

3. The Station House Officer Dangiyawas, Jodhpur City East, Rajasthan.

4. Chandra Shekar @ Sethi @ Setha S/o Heera Ram, Aged About 30 Years, B/c Meghwal, R/o Meghwalo Ka Bass, Roodkali, Police Station Dangiyawas Teh. / District Jodhpur.

5. Karna Ram S/o Heera Ram, Aged About 30 Years, B/c Meghwal, R/o Meghwalo Ka Bass, Roodkali, Police Station Dangiyawas Teh. / District Jodhpur.

                                                                       ----Respondents


For Petitioner(s)               :     Mr. Bhima Ram
For Respondent(s)               :     Mr. S.K. Bhati, PP

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order

23/10/2021

1. The petitioner has preferred this criminal misc. petition

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

No.111/2021 registered at Police Station Dangiyawas Jodhpur City

East Rajasthan for the offence under Sections 341, 323 and 308 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

(2 of 2) [CRLMP-5726/2021]

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 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 Police Commissioner Jodhpur Commissionerate

Rajasthan 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 Police

Commissioner Jodhpur Commissionerate Rajasthan 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

66-payal/-

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