Citation : 2021 Latest Caselaw 16310 Raj
Judgement Date : 27 October, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 5915/2021
Smt. Rajveer Kaur W/o Sh. Suresh Kumar, Aged About 32 Years, r/o Near Akashwani Kendra, Suratgarh Police Station Suratgarh, Dist. Sriganganagar.
----Petitioner Versus
1. State, Through Secretary, Dept. Of Home, Govt. Of Rajasthan, Jaipur.
2. Inspector General Of Police, Bikaner Range, Bikaner.
3. The Superintendent Of Police, Bikaner.
4. Station House Officer, P.s. Chhattargarh, Dist. Bikaner.
----Respondents
For Petitioner(s) : Mr. Rakesh Matoria For Respondent(s) : Mr. S.K. Bhati, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
27/10/2021
1. The petitioner has preferred this criminal misc. petition
under Section 482 Cr.P.C. seeking fair investigation in FIR
No.0143/2021 registered at Police Station Chhattargarh, District
Bikaner for the offences under Section 354 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.
(2 of 2) [CRLMP-5915/2021]
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, Bikaner 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, Bikaner 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
C-12-payal/-
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