Mahaveer Mewara vs State Of Rajasthan
2021 Latest Caselaw 16370 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

S.B. Criminal Misc(Pet.) No. 5318/2021

1. Mahaveer Mewara S/o Shri Gopi Lal Ji, Aged About 28 Years, B/c Kalal, R/o Truck Stand, Bheem, Tehsil Bheem, District Rajsamand.

2. Balveer Singh S/o Shri Lakhan Singh, Aged About 34 Years, B/c Rawat, R/o Truck Stand, Bheem, Tehsil Bheem, District Rajsamand.

----Petitioners Versus

1. State Of Rajasthan, Through Public Prosecutor.

2. The Superintendent Of Police, Rajsamand.

3. The Sho, Police Station Bheem, District Rajsamand.

                                                                ----Respondents


For Petitioner(s)        :     Mr., S.K. Maru.
For Respondent(s)        :     Mr. S.K. Bhati, PP

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

27/10/2021

1. The petitioners have preferred this criminal misc.

petition under Section 482 Cr.P.C. seeking fair investigation in FIR

No.462/2011 registered at Police Station Bheem, Rajsamand for

the offences under Sections 341, 323, 384 & 427 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

(2 of 2) [CRLMP-5318/2021]

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

petitioners submit a representation alongwith all the relevant

documents before the Superintendent of Police, Rajsamand within

a period of ten days from today, then the same shall be

considered at the time of investigation.

6. 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, Rajsamand to consider the representation alongwith all

the relevant documents, if submitted by the petitioners within a

period of ten days from today, and conduct fair investigation,

strictly in accordance with law.

(VINIT KUMAR MATHUR),J

63-AnilSingh/-

Powered by TCPDF (www.tcpdf.org)