Pushpendra Singh vs State Of Rajasthan
2021 Latest Caselaw 16195 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 3305/2021

Pushpendra Singh S/o Chhail Singh, Aged About 26 Years, R/o Chitalwana, Tehsil Chitalwana, Dist. Jalore.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Laxmi Chand Jain S/o Jethamal Jain, R/o Chitalwana, Dist. Jalore.

----Respondents

For Petitioner(s) : Mr. Raj Singh Bhati For Respondent(s) : Mr. S.K. Bhati, PP

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

25/10/2021 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 FIR

No.71/2021 registered at Police Station Chitalwana, for the

offences under Sections 332, 353 and 504/34 of IPC and Sections

19/54 and 14/57 of Rajasthan Excise Act.

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-3305/2021]

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 alongwith all the relevant documents

before the Superintendent of Police, Jalore 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, Jalore 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

108-payal/-

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