Naveen vs State
2022 Latest Caselaw 658 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 7125/2021

Naveen S/o Sh. Mangilal, Aged About 30 Years, B/c Mali, R/o Chavandiya Kalan, Jaitaran Dist. Pali.

----Petitioner Versus

1. State, Through Pp

2. Noratmal S/o Sh. Pukhraj, R/o Chavandiya Kalan, Jaitaran Dist. Pali.

3. Pukhraj S/o Sh. Bhabhut Ram, R/o Chavandiya Kalan, Jaitaran Dist. Pali.

----Respondents

For Petitioner(s) : Mr. Gajendra Panwar (through VC) For Respondent(s) : Mr. Mahipal Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

12/01/2022

This criminal misc. petition has been filed by the petitioner

with a prayer for directing the police authority to conduct fair and

transparent investigation into the FIR No.429/2021 of Police

Station Jaitaran, District Pali.

Learned Public Prosecutor has submitted that factual report

dated 11.01.2022, wherein it it mentioned that police after

thorough investigation, have proposed to file proposed negative

final report in the matter.

Learned counsel for the petitioner has submitted that earlier

also the petitioner filed SB Criminal Misc. Petition 5956/2021,

which was disposed of by a coordinate Bench of this Court vide

order dated 08.11.2021 with a direction to the Superintendent of

(2 of 2) [CRLMP-7125/2021]

Police, Pali to consider the representation along with all the

relevant documents, if submitted by the petitioner within a period

of ten days from today, and conduct fair investigation, strictly in

accordance with law.

It is further submitted that pursuant to the order dated

08.11.2021, the petitioner has submitted a detailed representation

before the Investigating Officer, however, the same has not been

taken into consideration in right prospective and has illegally

proposed to file negative final report in the matter.

Learned counsel for the petitioner has, therefore, prayed that

a direction be issued to the police authorities to carry out fair

investigation in the matter by another Investgation Officer.

Having heard learned counsel for the parties and after

perusing the factual report, I do not find any case for issuing

direction to the police authorities to conduct investigation in the

matter by another Investigating Officer.

Hence, this criminal misc. petition is dismissed. However, the

petitioner is free to avail remedy available to him under the law, if

the police have filed negative final report in the matter before the

concerned court.

The factual report submitted by the learned Public Prosecutor

is taken on record.

Stay petition is also disposed of.

(VIJAY BISHNOI),J 75-Arun/-

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