Citation : 2021 Latest Caselaw 16328 Raj
Judgement Date : 27 October, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 5913/2021
Veer Chandra Singh @ Virendra Singh S/o Tulach Singh, Aged About 36 Years, r/o Meha Ji Ki Dhani, Teh. Ramgarh, Dist. Jaisalmer (Raj.).
----Petitioner Versus
1. State, Through Pp
2. Superintendent Of Police, Jaisalmer.
3. Station House Officer, P.s. Ramgarh, Dist. Jaisalmer.
----Respondents For Petitioner(s) : Mr. M.R. Khatri 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.
51/2021 registered at Police Station Ramgarh, District Jaisalmer
for the offences under Sections 290-A, 420 and 120-B of IPC read
with Sections 3, 4, 5, 6, 8, 9 and 10 of Rajasthan Bovine Animals
(Prohibition of Slaughter and Regulation of Temporary Migration or
Export) Act, 1995.
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-5913/2021]
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, Jaisalmer 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, Jaisalmer 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-11-payal/-
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