Rekha vs State Of Rajasthan
2021 Latest Caselaw 16368 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 5933/2021

Rekha D/o Shyam Singh, Aged About 30 Years, by caste Jat R/o Shaid, Jalalpur, Tehsil Dharamkot, District Moga (Punjab)

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. The Superintendent Of Police, District Jalore.

3. The Station House Officer (Sho), Jasawantpura, District Jalore.

----Respondents

For Petitioner(s) : Mr. Mahaveer Bishnoi. 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.89/2021 registered at Police Station Jaswantpura District Jalore

for the offences under sections 376, 376 (2) (n) 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-5933/2021]

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, Jalore 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, Jalore 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

18-AnilSingh/-

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