Ramchandra vs State Of Rajasthan
2022 Latest Caselaw 10678 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 5156/2022

1. Ramchandra S/o Isar Ram, Aged About 35 Years, R/o Near Krishan Ji Mandir, Dhannasar, W.no. 11, 6 Kdd, Hanumangarh, Raj.

2. Jagdish Kumar S/o Isar Ram, Aged About 31 Years, R/o Near Krishan Ji Mandir, Dhannasar, W.no. 11, 6 Kdd, Hanumangarh, Raj.

3. Devi Lal S/o Ishwar Ram, Aged About 31 Years, W.no.

10, Dhannasar, Dhannasar, Naiyasar, Hanumangarh.

4. Daleep S/o Om Prakash, Aged About 33 Years, W.no. 4, Vill. Dhannasar, Rawatsar, Dist. Hanumangarh.

----Petitioners Versus

1. State of Rajasthan, Through PP

2. Jagdish S/o Kana Ram, Presently Constable Police Station Rawatsar, District Hanumangarh.

----Respondents

For Petitioner(s) : Mr. Rajender Kumar Soni For Respondent(s) : Mr. Mohd. Javed Gauri, PP

JUSTICE DINESH MEHTA

Order

18/08/2022

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.139/2022, Police Station Rawatsar, District

Hanumangarh, for the offences under Sections 332, 353, 143 of

the Indian Penal Code and Sections 3(1)(S) & 3(2)(VA) of the

Scheduled Caste and Scheduled Tribe (Prevention of Atrocities)

Act, 1989.

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-5156/2022]

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, Hanumangarh 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, Hanumangarh 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 231-Arvind/-

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