Sita Ram vs State
2022 Latest Caselaw 3805 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 1116/2022

1. Sita Ram S/o Shri Valu, Aged About 55 Years, R/o Saba Kheda, P.S. Rathanjana, Tehsil And District Pratapgarh, Rajasthan.

2. Mangi Lal S/o Shri Rakba, Aged About 60 Years, R/o Saba Kheda, P.S. Rathanjana, Tehsil And District Pratapgarh, Rajasthan.

3. Mohan S/o Shri Kalu, Aged About 52 Years, R/o Saba Kheda, P.S. Rathanjana, Tehsil And District Pratapgarh, Rajasthan.

4. Chunni Lal S/o Shri Moti, Aged About 62 Years, R/o Saba Kheda, P.S. Rathanjana, Tehsil And District Pratapgarh, Rajasthan.

5. Banshi S/o Shri Chamanm, Aged About 40 Years, R/o Saba Kheda, P.S. Rathanjana, Tehsil And District Pratapgarh, Rajasthan.

6. Raju S/o Kachru, Aged About 22 Years, R/o Saba Kheda, P.S. Rathanjana, Tehsil And District Pratapgarh, Rajasthan.

7. Banshi Lal S/o Chandmal, Aged About 30 Years, R/o Saba Kheda, P.S. Rathanjana, Tehsil And District Pratapgarh, Rajasthan.

8. Radhey Shyam S/o Sh. Kashi Ram, Aged About 40 Years, R/o Saba Kheda, P.S. Rathanjana, Tehsil And District Pratapgarh, Rajasthan.

----Petitioners Versus

1. State of Rajasthan.

2. Superintendent Of Police, Pratapgarh, Rajasthan.

3. Nathu Nath S/o Gautam Nath Kalbeliya, R/o Saba Kheda, P.S. Rathanjana, Tehsil And District Pratapgarh, Rajasthan.

                                                                ----Respondents


For Petitioner(s)        :     Mr. Shambhoo Singh
For Respondent(s)        :     Mr. S.K. Bhati, Public Prosecutor




                                         (2 of 3)                   [CRLMP-1116/2022]


                       JUSTICE DINESH MEHTA

                                       Order

10/03/2022

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.6/2022, P.S. Rathanjana (Pratapgarh) for the

offences under Sections 147, 148, 149, 298, 354, 436, 427 & 506

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

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

submit a representation along with all the relevant documents

before the Superintendent Of Police, Pratapgarh within a period of

(3 of 3) [CRLMP-1116/2022]

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, Pratapgarh 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 201-Ramesh/-

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