Bhanwar Kanwar vs State Of Rajasthan
2022 Latest Caselaw 3069 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 557/2022

Bhanwar Kanwar W/o Lt. Sh. Chattar Singh, Aged About 70 Years, B/c Rajput, Permanent Address- Village Lototi, Patwar Halka Lototi, P.s. Jaitaran, Teh. Jaitaran, Dist. Pali (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Megh Singh S/o Sh. Narayan Singh, B/c Rajput, R/o Village Lototi, Teh. Jaitaran, Dist. Pali (Raj.).

3. Prithvi Singh S/o Sh. Kishan Singh, B/c Rajput, R/o Village Lototi, Teh. Jaitaran, Dist. Pali (Raj.).

4. Kirti Kanwar W/o Sh. Bhagwat Singh, B/c Rajput, R/o Village Lototi, Teh. Jaitaran, Dist. Pali (Raj.).

5. Rakesh Jangid S/o Sh. Ghanshyam Jangid, B/c Suthar, R/o Village Birol, Teh. Jaitaran, Dist. Pali (Raj.).

----Respondents

For Petitioner(s) : Mr. Praveen Dayal Dave For Respondent(s) : Mr. Mahipal Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

25/02/2022

This criminal misc. petition under Section 482 Cr.P.C. has

been filed on behalf of the petitioner with a prayer to issue

directions to the police authorities to conduct fair and impartial

investigation into the allegations levelled in the FIR No.477/2021

of Police Station Jaitaran, Distt. Pali.

Learned Public Prosecutor has submitted a factual report,

wherein it is mentioned that the police after thorough

investigation into the impugned FIR have proposed to file a

negative final report in the matter.

(2 of 2) [CRLMP-557/2022]

In view of the fact that the police have proposed to file a

negative final report in the matter, I am not inclined to entertain

this criminal misc. petition.

Hence, this criminal misc. petition is dismissed.

However, the petitioner is free to move application before the

concerned Magistrate under Section 156(3) Cr.P.C. seeking fair

and impartial investigation in the above referred FIR as per the

law laid down by the Hon'ble Supreme Court in the case of (Sakiri

Vasu Vs. State of U.P. and Ors.) reported in (2008) 2 SCC 409

and (Sudhir Bhaskarrao Tambe Vs. Hemant Yashwant Dhage and

Ors.) reported in (2016) 6 SCC 277.

In case, the petitioner is aggrieved by the negative final

report submitted by the police before the court concerned, she is

also free to avail appropriate remedy available to her under the

law.

(VIJAY BISHNOI),J 17-mohit/-

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