Prince vs State Of Rajasthan
2022 Latest Caselaw 9673 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 4599/2022

1. Prince S/o Dev Raj Soni, Aged About 30 Years, B/c Soni, R/o Kishanpura, Pali, District Pali.

2. Naresh Soni S/o Dev Raj Soni, Aged About 25 Years, B/c Soni, R/o Kishanpura, Pali, District Pali.

3. Hitesh S/o Dev Raj Soni, Aged About 22 Years, B/c Soni, R/o Kishanpura, Pali, District Pali.

4. Dev Raj Soni S/o Paras Mal Soni, Aged About 50 Years, B/ c Soni, R/o Kishanpura, Pali, District Pali.

----Petitioners Versus

1. State Of Rajasthan, Through Pp

2. The Superintendent Of Police, Barmer.

3. The Police Station Kotwali Barmer, District Barmer.

4. Nand Lal S/o Govind Ram, R/o Naragasar, Khatariyon Ka Nichala Was, Barmer, Kotwali Barmer, District Barmer.

----Respondents

For Petitioner(s) : Mr. Rajender Kumar Soni For Respondent(s) : Mr. Mohd. Javed Gauri, P. P.

JUSTICE DINESH MEHTA

Order

25/07/2022

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

Code of Criminal Procedure, the petitioners have alleged that the

Investigating Officer is not conducting proper investigation in

relation to FIR No.73/2022, P.S. Kotwali, Barmer, for the offences

under Sections 420 & 406 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)

(2 of 2) [CRLMP-4599/2022]

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

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

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 petitioner therein was 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

submits a representation along with all the relevant documents

before the Superintendent of Police, Barmer 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, Barmer to consider

petitioners' representation (if filed) and ensure fair investigation,

in accordance with law.

6. The stay application also stands disposed of accordingly.

(DINESH MEHTA),J 99-A.Arora/-

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