Tara Singh vs State Of Rajasthan
2022 Latest Caselaw 2797 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
              S.B. Criminal Misc(Pet.) No. 6917/2021

Tara Singh S/o Shri Shyam Singh, Aged About 76 Years, B/c
Kamoj Sikh, R/o Jantawali, Nai Mandi, Gharsana, District Sri
Ganganagar.
                                                                   ----Petitioner
                                   Versus
1.      State Of Rajasthan, Through Pp
2.      The Superintendent Of Police, Ganganagar.
3.      The Station House Officer Of Police Station Nai Mandi,
        Gharsana.
                                                                ----Respondents


For Petitioner(s)        :     Mr.R.K.Bishnoi for
                               Mr.Suresh Surana.
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.288/2021 registered at the P.S. Nai Mandi, Gharsana, District

Sriganganagar for the offence under Section 379 I.P.C.

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

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

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

(2 of 2) [CRLMP-6917/2021]

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/ 32

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