Rubiya Bano vs State Of Rajasthan
2022 Latest Caselaw 2795 Raj

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
              S.B. Criminal Misc(Pet.) No. 7063/2021

Rubiya Bano W/o Ajeej Mahaln, Aged About 23 Years, R/o
Bhopalgarh, District Jodhpur (Raj.) At Present R/o Mundua,
District Nagaur (Raj.)
                                                                   ----Petitioner
                                   Versus
1.      State Of Rajasthan, Through Pp
2.      Superintendent Of Police, District Nagour.
3.      Sho, P.s. Mundwa, District Nagour.
4.      Ajeej Mahaln S/o Satar, R/o Bhopalgarh, Jodhpur.
5.      Khatuni S/o Satar, R/o Bhopalgarh, Jodhpur.
6.      Bhanwru Khan S/o Satar, R/o Bhopalgarh, Jodhpur.
7.      Chuka W/o Bhanwru Khan, R/o Bhopalgarh, Jodhpur.
8.      Akram S/o Bhanwru Khan, R/o Bhopalgarh, Jodhpur.
9.      Altaf S/o Bhanwru Khan, R/o Bhopalgarh, Jodhpur.
10.     Raisa D/o Satar, R/o Bhopalgarh, Jodhpur.
                                                                ----Respondents


For Petitioner(s)        :     Mr.A.S.Rathore.
For Respondent(s)        :     Mr.Arun Kumar, P.P.



           HON'BLE MR. JUSTICE SANDEEP MEHTA

                                   ORDER

18/02/2022 The instant miscellaneous petition has been filed by the

petitioner seeking direction for conducting fair investigation of the

FIR No.78/2021 registered at the P.S. Mundwa, District Nagaur for

the offences under Sections 498A, 406, 323 I.P.C. and Section 4 of

Dowry Prohibition Act, 1961.

The petitioner submitted an F.I.R. against certain persons

named in the F.I.R. for the aforesaid offences but according to the

(2 of 2) [CRLMP-7063/2021]

petitioner, the police authorities have not taken any action against

the accused persons.

This Court is of the opinion that in view of the

observations made and directions issued 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 and if he is aggrieved of any

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

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

person is to 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. Thereafter the trial court shall

call for the report from the I.O. and issue appropriate direction in

consonance with the view expressed by the Hon'ble Apex Court.

Resultantly, the miscellaneous petition being bereft of any

force, is dismissed. The stay petition also stands dismissed.

(SANDEEP MEHTA),J

/tarun goyal/ 36

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