Pushpendra Singh vs State Of Rajasthan
2021 Latest Caselaw 16248 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

S.B. Criminal Misc(Pet.) No. 4528/2021

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

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

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

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

26/10/2021

1. The petitioner has preferred this criminal misc. petition

under Section 482 Cr.P.C. seeking fair investigation in FIR

No.110/2021 registered at Police Station Shastri Nagar, Jodhpur

for the offence under Section 307 of IPC.

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.

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

(2 of 2) [CRLMP-4528/2021]

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 Commissioner of Police, Jodhpur

Metropolitan, Jodhpur 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 Commissioner

of Police, Jodhpur Metropolitan, Jodhpur 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

27-Anil Singh/-

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