Smt. Rameshwari Devi vs State Of Rajasthan
2021 Latest Caselaw 16098 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 2746/2021

Smt. Rameshwari Devi W/o Shri Sharwan Kumar, Aged About 40 Years, By Caste Soni, R/o Village Kharnal, Tehsil And District Nagaur (Rajasthan).

----Petitioner Versus

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

2. The Director General Of Police, Jaipur.

3. The Superintendent Of Police, Nagaur.

4. The S.h.o., Police Station Sadar Nagaur, District Nagaur.

----Respondents

For Petitioner(s) : Mr. Bheru Lal Jat For Respondent(s) : Mr. Arun Kumar, PP

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

23/10/2021 Defects pointed out by the office are overruled.

1. The petitioner has preferred this criminal misc. petition

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

No.86/2021 registered at Police Station Sadar Nagaur, for the

offence under Sections 452, 379, 354, 323, 34 and 427 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

(2 of 2) [CRLMP-2746/2021]

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, Nagaur 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, Nagaur 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

104-payal/-

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