Prem Kumar vs State Of Rajasthan
2022 Latest Caselaw 5369 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 1772/2022

1. Prem Kumar S/o Manphool, Aged About 30 Years, R/o Vill.

Binjhbayla, Teh. Padampur, P.s. Ghamoodwali Dist. Sri Ganganagar.

2. Manphool S/o Laxman Ram, Aged About 58 Years, R/o Vill. Binjhbayla, Teh. Padampur, P.s. Ghamoodwali Dist. Sri Ganganagar.

3. Mohan Lal S/o Laxman Ram, Aged About 55 Years, R/o Vill. Binjhbayla, Teh. Padampur, P.s. Ghamoodwali Dist. Sri Ganganagar.

----Petitioners Versus

1. State Of Rajasthan, Through Pp

2. Pawan Kumar S/o Sharwan Kumar, R/o Vill. Binjhbayla, Teh. Padampur, P.s. Ghamoodwali Dist. Sri Ganganagar.

----Respondents

For Petitioner(s) : Mr. N. R. Budania For Respondent(s) : Mr. Andaram Choudhary, P. P.

JUSTICE DINESH MEHTA

Order

11/04/2022

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

Code of Criminal Procedure, the petitioners have alleged that the

Investigating Officer is not conducting proper investigation in

relation to FIR No.41/2022, P.S. Ghamoodwali, District Sri

Ganganagar for the offences under Sections 447, 427 & 143 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)

(2 of 2) [CRLMP-1772/2022]

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

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 petitioners

submit a representation along with all the relevant documents

before the Superintendent of Police, Sri Ganganagar 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, Sri Ganganagar to

consider petitioners' representation (if filed) and ensure fair

investigation, in accordance with law.

6. The stay application also stands disposed of accordingly.

(DINESH MEHTA),J 205-A.Arora/-

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