Setha Ram vs State Of Rajasthan
2022 Latest Caselaw 9085 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 4287/2022

1. Setha Ram S/o Shri Somraj, Aged About 30 Years, B/c Mali, R/o Mathania, District Jodhpur (Raj.)

2. Santosh W/o Shri Magraj, Aged About 30 Years, B/c Mali, R/o Mathania, District Jodhpur (Raj.)

----Petitioners Versus

1. State Of Rajasthan, Through Pp

2. Superintendent Of Police, Jodhpur Rural.

3. Station House Officer, Police Station Matora, District Jodhpur.

----Respondents

For Petitioner(s) : Mr. Tanay Jain for Mr. Pawan Vishnoi For Respondent(s) : Mr. Mohd. Javed Gauri, PP

JUSTICE DINESH MEHTA

Order

12/07/2022

1. By way of the present petition filed under Section 482 of the

Code of Criminal Procedure,1973, the petitioners have alleged that

the Investigating Officer is not conducting proper investigation in

relation to FIR No.0053/2022, P.S. Matora, District Jodhpur for the

offences under Sections 302, 201,379 and 34 of the Indian Penal

Code.

2. Hon'ble the Supreme Court, in the cases of Manoj Kumaria

Shankaria Vs. State of Rajasthan & Anr. [2014(3) Raj. CriC

965], Narayan Singh Vs. State of Rajasthan & Anr. [2013(1)

Cr.L.R. 264] and Azia Begum Vs. State of Maharashtra &

Anr. [2012(1) RLW 835], has held that a fair and proper

(2 of 2) [CRLMP-4287/2022]

investigation is fundamental to rule of law; it is necessary to meet

the ends of justice.

3. In the cases of Shyam Singh Vs. State of Rajasthan &

Anr. [2015(3) Cr.L.R. 1375] and Gopal Nath Vs. State of

Rajasthan & Anr. [2015(4) Cr.L.R. 1617], while relying upon the

judgment of Hon'ble the Supreme Court rendered in the case of

Arnesh Kumar Vs. State of Bihar & Anr. [(2014) 8 SCC 273],

the petitioners therein were asked to submit a representation

before the investigating officer with a corresponding direction to

the investigating officer to consider representation and documents

so submitted, before forming any opinion.

4. Learned Public Prosecutor assures this Court that fair and

transparent investigation shall be made and in case the petitioners

submit a representation along with all the relevant documents

before the Superintendent of Police, Jodhpur (Rural) within a

period of two weeks from today, the same shall be considered at

the time of investigation.

5. Hence, the present misc. petition is disposed of with

direction to the Superintendent of Police, Jodhpur (Rural) to

consider petitioners' representation (if filed) and ensure fair

investigation, in accordance with law.

(DINESH MEHTA),J 107-akansha/-

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