Teena Kanwar vs State Of Rajasthan
2022 Latest Caselaw 2592 Raj

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Criminal Misc(Pet.) No. 6809/2021

Teena Kanwar W/o Arjun Singh, Aged About 35 Years, R/o
Leswa, P.s. Bhadsoda, Distt. Chittorgarh.
                                                                    ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr.Abhishek Charan.
For Respondent(s)         :     Mr.Gourav Singh, P.P.



            HON'BLE MR. JUSTICE SANDEEP MEHTA

                                    ORDER

14/02/2022

Heard learned counsel the petitioner and the learned P.P.

Perused the material on record.

The instant miscellaneous petition has been filed by the

petitioner seeking direction for conducting fair investigation in

F.I.R. No.58/2021 registered at Police Station Bhadsoda, District

Chittorgarh.

The petitioner filed an F.I.R. No.58/2021 registered at Police

Station Bhadsoda, District Chittorgarh against the accused

persons named in the F.I.R. for the offences under Sections 354,

323, 447, 427, 143 and 147 I.P.C. According to the learned

counsel for the petitioner, the police authorities have not taken

any action against the accused persons and thus appropriate

direction be given for fair investigation of the F.I.R.

(2 of 2) [CRLMP-6809/2021]

This Court is of the opinion that in view of the observations

made and directions given by the Hon'ble Apex Court in the case

of Sakiri Vasu Vs. State of U.P., AIR 2008 SC 907, no person

can be encouraged to directly approach this Court for seeking

direction of fair investigation. If any person is aggrieved of lack of

action by the police as regards the FIR which has been filed

by/against him/her, the appropriate course of action for the

aggrieved person is to first approach the Magistrate having

jurisdiction, who can call for the report from the investigating

officer and also instruct the investigating officer to investigate the

matter fairly. If the petitioner is aggrieved by any inaction of the

police, then she should move to the appropriate Court in

accordance with the directions issued by the Apex Court in the

aforesaid judgment. The trial court would be empowered to call for

the report from the I.O. and issue appropriate direction for fair

investigation in consonance with the view expressed by the

Hon'ble Apex Court.

With the aforesaid observations, the miscellaneous petition

and the stay petition are disposed of.

(SANDEEP MEHTA),J

/tarun goyal/ 28

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