Rampyari vs State Of Rajasthan
2021 Latest Caselaw 16258 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 5802/2021

Smt. Rampyari W/o Kailash, Aged About 32 Years, B/c Vishnoi, R/o Palli, Police Station Matoda, Tehsil Osian, District Jodhpur (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. The Superintendent Of Police (Rural), Jodhpur (Raj.)

3. S.H.O., Police Station Matoda, District Jodhpur (Raj.)

4. Bhanwar Lal S/o Shri Khiya Ram, R/o Palli, Police Station Matoda, Tehsil Osian, District Jodhpur (Raj.)

5. Ravi S/o Shri Bhanwara Ram, R/o Palli, Police Station Matoda, Tehsil Osian, District Jodhpur (Raj.)

6. Ashok S/o Bhanwara Ram, R/o Palli, Police Station Matoda, Tehsil Osian, District Jodhpur (Raj.)

7. Prema Ram S/o Mohan Ram, R/o Palli, Police Station Matoda, Tehsil Osian, District Jodhpur (Raj.)

----Respondents

For Petitioner(s) : Mr. Dinesh Choudhary For Respondent(s) : Mr. Mool Singh Bhati, PP

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Judgment / 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.0104/2021 registered at Police Station Matoda, District

Jodhpur for the offences under Sections 143, 447, 427, 354, 379

and 323 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

(2 of 2) [CRLMP-5802/2021]

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 alongwith 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.

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, Jodhpur (Rural) 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

109-Praveen/Shahenshah/-

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