Aisa @ Mamka vs State Of Rajasthan
2022 Latest Caselaw 3201 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 562/2022

Aisa @ Mamka W/o Ayub Khan, Aged About 21 Years, R/o Gali No. 8, Sundsr Balaji Colony, Rajeev Gandhi Nagar, Chopasani, Jodhpur (Raj.)

----Petitioner Versus

1. State Of Rajasthan

2. Ayub Khan S/o Amdin, R/o Village Dayakor, Tehsil Phalodi, District Jodhpur (Raj)

3. Iqbal S/o Amdin, R/o Village Dayakor, Tehsil Phalodi, District Jodhpur (Raj)

4. Saddam S/o Amdin, R/o Village Dayakor, Tehsil Phalodi, District Jodhpur (Raj)

5. Khatija W/o Iqbal, R/o Village Dayakor, Tehsil Phalodi, District Jodhpur (Raj)

6. Khatija D/o Amdin, R/o Village Dayakor, Tehsil Phalodi, District Jodhpur (Raj)

----Respondents

For Petitioner(s) : Mr. Om Prakash Kumawat through V.C.

For Respondent(s) : Mr. Andaram Choudhary, Public Prosecutor

JUSTICE DINESH MEHTA

Order

02/03/2022

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

Code of Criminal Procedure, the petitioner has alleged that the

Investigating Officer is not conducting proper investigation in

relation to FIR No.11/2022, P.S. Mahila Thana, District Jodhpur

City (West) for the offences under Sections 498-A, 406 & 323 of

the Indian Penal Code.

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

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

(2 of 2) [CRLMP-562/2022]

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

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

Aresh 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 petitioner

submits a representation along with all the relevant documents

before the Commissioner, Jodhpur 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 Commissioner, Jodhpur to consider petitioner's

representation (if filed) and ensure fair investigation, in

accordance with law.

6. The stay application also stands disposed of accordingly.

(DINESH MEHTA),J 29-Ramesh/-

Powered by TCPDF (www.tcpdf.org)