Rajasthan High Court - Jodhpur
Rajendra Kumar vs State Of Rajasthan on 25 October, 2021
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 5522/2021
Rajendra Kumar S/o Shri Radheshyam, Aged About 41 Years,
R/o Lalbagh Kumbharwada, Nawapura, Gujrat, Presently Posted
At Station Repair Incriment, Jaipur, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. The Police Commissioner, Jodhpur, Rajasthan.
3. The Station House Officer, Police Station Lohawat,
Jodhpur (Rural), Rajasthan.
4. Jethi W/o Madha Ram, R/o Mamayalo Ki Dhani, Chatur
Nagar, Paschimo Ki Dhani, Phalodi, Ps - Lohawat, Jodhpur.
----Respondents
For Petitioner(s) : Mr. Kaushal Sharma
For Respondent(s) : Mr. S.K. Bhati, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
25/10/2021
The petitioner has preferred this criminal misc. petition under
Section 482 Cr.P.C. seeking fair investigation in FIR No. 171/2021
registered at Police Station Lohawat, District Jodhpur Rural for the
offences under Sections 143, 323, 384, 386, 342 & 506 of IPC.
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
(2 of 2) [CRLMP-5522/2021]
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 Superintendent of Police, Jodhpur (Rural) 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 Superintendent
of Police, Jodhpur (Rural) 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
209-/Vivek/-
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