Rajasthan High Court - Jodhpur
Bhopi Devi vs State Of Rajasthan on 4 March, 2022
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 6796/2021
Bhopi Devi W/o Sh. Shesh Nath, Aged About 36 Years, Bh/c
Kalbelya-Jogi, R/o Village Bithuja, Teh. Pachpadara, Dist. Barmer
(Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through The Inspector General Of
Police, Udaipur Range, Jodhpur.
2. The Superintendent Of Police, Barmer.
3. Station House Officer, P.s. Balotara, Dist. Barmer (Raj.).
4. Sh. Pratapnath S/o Sh. Thakarnath, B/c Kalbelya Jogi, R/
o Pachpadara, Dist. Barmer (Raj.).
5. Sh. Ganesh Nath S/o Sh. Rananath, B/c Kalbelya Jogi, R/
o Pachpadara, Dist. Barmer (Raj.).
6. Sh. Sumernath S/o Sh. Pratapnath, B/c Kalbelya Jogi, R/o
Pachpadara, Dist. Barmer (Raj.).
7. Sh. Pun Nath S/o Sh. Nain Nath, B/c Kalbelya Jogi, R/o
Pachpadara, Dist. Barmer (Raj.).
8. Sh. Bhanwarnath S/o Sh. Mithanath, B/c Kalbelya Jogi, R/
o Pachpadara, Dist. Barmer (Raj.).
9. Sh. Bhil Nath S/o Sh. Bharatnath, B/c Kalbelya Jogi, R/o
Pachpadara, Dist. Barmer (Raj.).
10. Sh. Kalu Nath S/o Sh. Bharatnath, B/c Kalbelya Jogi, R/o
Pachpadara, Dist. Barmer (Raj.).
----Respondents
For Petitioner(s) : Mr. Shambhoo Singh Rathore
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
(2 of 3) [CRLMP-6796/2021]
Investigating Officer is not conducting proper investigation in
relation to FIR No.574/2021, P.S. Balotra, District Barmer, for the
offences under Sections 343, 354, 323, 384, 363 & 143 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
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, 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
(3 of 3) [CRLMP-6796/2021]
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
105-A.Arora/-
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