Gobar Ram Parihar vs State
2022 Latest Caselaw 786 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 149/2020

Gobar Ram Parihar S/o Shri Mangla Ram, Aged About 52 Years, By Caste Mali, R/o Raikabagh Colony, Bhopalgarh, Tehsil Bhopalgarh, District Jodhpur.

----Petitioner Versus

1. State, Through P.p.

2. Inspector General Of Police, Jodhpur Range, Jodhpur.

3. Superintendent Of Police, Jodhpur Rural.

4. Station House Officer, Police Station Bhopalgarh, District Jodhpur.

----Respondents

For Petitioner(s) : Mr. A.S. Rathore (through VC) For Respondent(s) : Mr. Mahipal Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

14/01/2022

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

been preferred on behalf of the petitioner with a prayer for

quashing the entire criminal proceedings arising out of the FIR

No.187/2017, registered at Police Station Bohpalgarh, District

Jodhpur qua the daughter of the petitioner and also to conduct fair

and impartial investigation in the said FIR.

Brief facts of the case are that on 09.10.2017, an FIR was

lodged at the instance of the complainant-petitioner that one

Manish had threatened and pressurized his daughter to steal the

ornaments of her sister, which were lying in his house in a box.

The police after thorough investigation into the allegations levelled

(2 of 3) [CRLMP-149/2020]

in the impugned FIR has filed charge-sheet qua the daughter of

the petitioner namely Sonu and other accused persons.

Being aggrieved with the same, the petitioner has moved an

application before the Judicial Magistrate, Pipar Shahar under

Section 173(8) Cr.P.C. with a prayer for conducting re-

investigation into the FIR in question. The Judicial Magistrate,

Pipar Shahar vide order dated 09.04.2019 while accepting the

aforesaid application filed by the petitioner has directed the police

to conduct further investigation in the matter. The police after

further investigation in the matter has submitted a report before

the court concerned on 5.11.2019, which was taken on record.

Learned counsel for the petitioner has submitted that the

police has not conducted fair and impartial investigation into the

matter and has illegally filed charge-sheet against his daughter

namely Sonu. It is alleged that the police is trying to protect the

main accused Manish and other co-accused person namely

Jitendra and Manak Ram Soni etc. It is further submitted that the

charge-sheet as well as the further investigation report submitted

by the police in the matter may kindly be quashed and set aside

and the police may be directed to conduct fair and impartial

investigation in the impugned FIR and, thereafter, to submit the

report before the trial court.

Having heard learned counsel for the petitioner; taking into

consideration the charge-sheet as well as the further investigation

report submitted by the police pursuant to the directions given by

the Judicial Magistrate, Pipar Shahar vide order dated 09.04.2019,

I do not find any case for interference in this matter as the police

has already conducted thorough investigation in the impugned FIR

(3 of 3) [CRLMP-149/2020]

and, thereafter, filed charge-sheet as well as the further

investigation report in the matter.

In view of the above, this criminal misc. petition being

devoid of merit is hereby dismissed. Stay petition is also

dismissed.

However, the petitioner is free to avail appropriate remedy

available to him under the law.

The factual report submitted by the learned Public Prosecutor

is taken on record.

(VIJAY BISHNOI),J 3-Arun/-

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