Rajasthan High Court - Jodhpur
Lalit Jain vs State Of Rajasthan on 27 October, 2021
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 5874/2021
Lalit Jain S/o Sh. Parasmal Jain, Aged About 50 Years, B/c Jain,
R/o 10-A, Heavy Industries Area, Jodhpur At Present R/o
Proprietor Of Firm Shree Ambika Timber Mart And Partner Of
Firm M/s Paluto International, 19-B, Light Industries Area,
Jodhpur (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. S.h.o., P.s. Mahamandir, Jodhpur Metropolitan (Raj.).
3. Police Commissioner, Police Commissionrate, Jodhpur
Metropolitan (Raj.).
----Respondents
For Petitioner(s) : Mr. Surendra Surana & Mr. Tarun
Sharma
For Respondent(s) : Mr. Arun Kumar, 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.459/2021 registered at Police Station Mahamandir, District
Jodhpur for the offences under Sections 420, 406 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 law.
(2 of 2) [CRLMP-5874/2021]
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 Police Commissioner, Police
Commissionrate, Jodhpur Metropolitan (Raj.) 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 Police
Commissioner, Police Commissionrate, Jodhpur Metropolitan (Raj.)
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
152-SanjayS/-
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