Nagar Zila Dudgh Utpadak Sahkari ... vs State Of Rajasthan
2022 Latest Caselaw 3374 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 7060/2021

Nagar Zila Dudgh Utpadak Sahkari Sangh Limited Nagaur, (A Unit Of Rajasthan Co-Operative Dairy Federation Ltd. Jaipur). Through Its Manager Director Promod Charan W/o Sh. G.d. Detha Ji Aged About 5 Years Office Near Krishi Mandi Bikaner Road, Nagaur.

----Petitioner Versus

1. State Of Rajasthan, Through Principle Secretary Home Dept., Govt. Of Rajasthan, Jaipur.

2. The Director General Of Police, Govt. Of Rajasthan Jaipur.

3. Superintendent Of Police, Nagaur.

4. Station House Officer, P.s. Sadder Thana Nagaur.

----Respondents

For Petitioner(s) : Mr. Bhanu Prakash Mathur For Respondent(s) : Mr. S. K. Bhati, P. P.

JUSTICE DINESH MEHTA

Order

04/03/2022

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.493/2021, P.S. Kotwali, Nagaur for the offences

under Sections 405 & 409 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

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-7060/2021]

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 Superintendent of Police, Nagaur 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, Nagaur 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 107-A.Arora/-

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