Dinesh vs State Of Rajasthan
2022 Latest Caselaw 2796 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
              S.B. Criminal Misc(Pet.) No. 7025/2021

1.      Dinesh S/o Sh. Shyamlal, Aged About 2 Years, B/c Suthar,
        R/o Village Buchkala, P.s. Pipar City, Jodhpur.
2.      Bankatlal S/o Sh. Bhanwarlal, Aged About 60 Years, B/c
        Brahmin, R/o Village Buchkala, P.s. Pipar City, Jodhpur.
3.      Shyamsingh S/o Sh. Narayansingh, Aged About 60 Years,
        B/c Rajput, R/o Village Buchkala, P.s. Pipar City, Jodhpur.
                                                                  ----Petitioners
                                   Versus
1.      State Of Rajasthan, Through Pp
2.      District Superintendent Of Police, Jodhpur (Rural).
3.      Sho, P.s. Pipar City, Dist. Jodhpur.
                                                                ----Respondents


For Petitioner(s)        :     Mr.R.K.Bishnoi.
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.221/2021 and 359/2021 registered at the P.S. Pipar City,

Jodhpur Rural for the offences under Sections 457 and 380 I.P.C.

The petitioner submitted an F.I.R. against unknown persons for

the aforesaid offences but according to the petitioner, the police

authorities have not taken any action in the matter.

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

(2 of 2) [CRLMP-7025/2021]

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 he 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/ 33

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