Ramila vs State Of Rajasthan
2021 Latest Caselaw 16311 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 1714/2021

Ramila D/o Shri Shanker, Aged About 38 Years, By Caste Bhil, R/ o Village Itauva, Police Station Arthuna, District Banswara.

----Petitioner Versus

1. State Of Rajasthan

2. Mohan S/o Shri Kanji Damor,

3. Laxman Lal S/o Shri Thaniya,

4. Vinod S/o Shri Laxman Lal,

5. Kantilal S/o Shri Dubal Damor,

6. Mahesh s/o Shri Taju,

7. Dilip S/o Shri Laxmanlal, respondents No. 2 to 7 all r/o Itauwa, Police Station Arthuna, District Banswara.

----Respondents

For Petitioner(s) : Mr. Rakesh Arora 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.27/2021registered at Police Station Arthuna, District Banswara

for the offences under Sections 302, 201, 420 and 120-B 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

(2 of 2) [CRLMP-1714/2021]

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, Banswara 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, Banswara 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

130-praveen/-

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