Rameshwar Lal vs State Of Rajasthan
2021 Latest Caselaw 16343 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 5852/2021 Rameshwar Lal S/o Shri Sugna Ram, Aged About 32 Years, R/o Gokul Bera, Pipar City, Jodhpur Rural, Distt. Jodhpur (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. The Station House Officer, P.s. Pipar City, Jodhpur Rural, Distt. Jodhpur (Raj.)

----Respondents

For Petitioner(s) : Mr. Ashok Chhangani 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.

0244/2021 registered at Police Station Pipar City, Jodhpur Rural,

District Jodhpur for the offences under Sections 143, 323, 341,

447, 427 and 336 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)

(2 of 2) [CRLMP-5852/2021]

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, Rural 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 Superintendent

of Police, Rural 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

146-praveen/-

Powered by TCPDF (www.tcpdf.org)