Prithvi Raj Rao vs State Of Rajasthan
2022 Latest Caselaw 4901 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Writ Petition No. 582/2021

Prithvi Raj Rao S/o Shri Ram Chandra Rao, Aged About 36 Years, B/c Rao, R/o Village Bhagwanpura, Tehsil Mandal, District - Bhilwara (Rajasthan). At Present Working As Chairman, Sanskar Credit Cooperative Society Ltd. Lokpeera Complex, Love Garden Road, Bhilwara (Rajasthan)

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary, Department Of Home, Rajasthan Jaipur (Raj.)

2. Superintendent Of Police, Bhilwara (Raj.)

3. Station House Officer, Police Station, Subhash Nagar (Bhilwara)

4. Station House Officer, Police Station, Bheemganj District Bhilwara.

5. Station House Officer, Police Station, City Kotwali (Bhilwara)

6. Station House Officer, Police Station, Pratap Nagar (Bhilwara)

7. Station House Officer, Police Station, Sadar (Bhilwara)

8. Station House Officer, Police Station, Pur, District Bhilwara.

9. Station House Officer, Police Station, Hameergarh, District Bhilwara.

10. Station House Officer, Police Station, Mangrod, District Bhilwara.

11. Station House Officer, Police Station, Mandalgarh, District Bhilwara.

12. Station House Officer, Police Station, Bigod, District Bhilwara.

13. Station House Officer, Police Station, Bijoliya, District Bhilwara.

14. Station House Officer, Police Station, Shankargarh, District Bhilwara.

15. Station House Officer, Police Station, Jahajpur, District Bhilwara.

16. Station House Officer, Police Station, Pander, District Bhilwara.

17. Station House Officer, Police Station, Shahpura, District Bhilwara.

18. Station House Officer, Police Station, Gulabpura, District Bhilwara.

19. Station House Officer, Police Station Shambhu Garh, District Bhilwara.

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20. Station House Officer, Police Station Badnor, District Bhilwara.

21. Station House Officer, Police Station, Asind , District Bhilwara.

22. Station House Officer, Police Station, Kareda, District Bhilwara.

23. Station House Officer, Police Station, Mandal, District Bhilwara.

24. Station House Officer, Police Station, Gangapur, District Bhilwara.

25. Station House Officer, Police Station, Karoyee, District Bhilwara.

26. Station House Officer, Police Station, Rampur, District Bhilwara.

27. Station House Officer, Police Station, Kotadi, District Bhilwara.

28. Station House Officer, Police Station, Baneda, District Bhilwara.

29. Station House Officer, Police Station, Bagor, District Bhilwara.

30. Station House Officer, Police Station, Rayala, District Bhilwara.

31. Station House Officer, Police Station, Fuliyakalla, District Bhilwara.

32. Station House Officer, Police Station, Rajsamand.

33. Station House Officer, Police Station, Kuraj, District Rajsamand.

34. Station House Officer, Police Station, Begun, District Chittorgarh.

35. Station House Officer, Police Station, Kekari, District Ajmer.

36. Station House Officer, Police Station, Dabi, District Bundi.

37. Shri Murali Mundra S/o Shri Kanhaiya Lal Mundra, R/o Hameergarh, Bhilwara.

38. Shri Mukesh Suriya S/o Shri Utsav Kumar Surya, R/o 42 New Cloth Market, Anil Traders, Bhilwara.

39. Shri Sarafat Hussain S/o Shri Shokat Hussain Pathan, R/o Ladpura Choraha, Mandalgarh, District Bhilwara.

40. Smt. Shanta Devi Chasta W/o Shri Satya Narayan Chasta, R/o Chasta Gali, Sarsiya, Tehsil Jahajpura, District Bhilwara.

41. Shri Paras Mal Lodha S/o Shri Madan Lal Lodha, R/o Bhadda Bagh, Gulabpura, District Bhilwara.

42. Shri Shyam Lal Tak S/o Shri Moti Lal Tak, R/o H-238, Aazad Nagar, Bhilwara.

43. Shri Bhanwar Lal Sen S/o Shri Pokhar Lal Sen, R/o Tejaji Chowk, Purana Jorawarpura, Gulabpura, District Bhilwara.

(3 of 4) [CRLW-582/2021]

44. Shri Ramesh Chandra Tailor S/o Shri Bhura Lal Tailor, R/o C-291, Subhash Nagar, Bhilwara.

45. Shri Arvind Vyas S/o Shri Goverdhan Vyas, R/o Santosh Nagar, Jahajpur, District Bhilwara.

----Respondents

For Petitioner(s) : Mr. Shamboo Singh Rathore For Respondent(s) : Mr. Mahipal Bishnoi,PP

JUSTICE DINESH MEHTA

Order

01/04/2022

1. By way of the present petition, filed under Section 482 of the

Code of Criminal Procedure, the petitioner has alleged that the

Investigating Officer is not conducting proper investigation in

relation to FIR No.400/2021 P.S. Subhash Nagar for the offences

under Sections 406 and 420 of the Indian Penal Code.

2. Hon'ble the Supreme Court, in the cases of Manoj Kumaria

Shankaria Vs. State of Rajasthan & Anr. [2014(3) Raj. CriC

965], Narayan Singh Vs. State of Rajasthan & Anr. [2013(1)

Cr.L.R. 264] and Azia Begum Vs. State of Maharashtra &

Anr. [2012(1) RLW 835], has held that a fair and proper

investigation is fundamental to rule of law; it is necessary to meet

the ends of justice.

3. In the cases of Shyam Singh Vs. State of Rajasthan &

Anr. [2015(3) Cr.L.R. 1375] and Gopal Nath Vs. State of

Rajasthan & Anr. [2015(4) Cr.L.R. 1617], while relying upon the

judgment of Hon'ble the Supreme Court rendered in the case of

Arnesh Kumar Vs. State of Bihar & Anr. [(2014) 8 SCC 273],

the petitioner therein was asked to submit a representation before

the investigating officer with a corresponding direction to the

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investigating officer to consider representation and documents so

submitted, 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 along with all the relevant documents

before the Superintendent of Police, Bhilwara within a period of

two weeks from today, the same shall be considered at the time of

investigation.

5. Hence, the present misc. petition is disposed of with

direction to the Superintendent of Police, Bhilwara to consider

petitioner's representation (if filed) and ensure fair investigation,

in accordance with law.

6. The stay application also stands disposed of accordingly.

(DINESH MEHTA),J 118-akansha/-

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