Abhishek Jain vs State Of Rajasthan
2022 Latest Caselaw 3807 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 979/2022

1. Abhishek Jain S/o Shri Mahaveer Jain, Aged About 35 Years, B/c Jain, R/o Tagore Nager, Pali. At Present Sanjivani Ananda, Maan Ji Ka Hattha, Jodhpur.

2. Smt. Priyanka W/o Abhishek Jain, Aged About 32 Years, B/c Jain, R/o Tagore Nager, Pali. At Present Sanjivani Ananda, Maan Ji Ka Hattha, Jodhpur.

----Petitioners Versus

1. State Of Rajasthan, Through Pp

2. Director General Of Police, Jaipur.

3. Police Commissioner, Jodhpur Commissionerate.

4. S.h.o., Police Station Sardarpura Jodhpur City West.

----Respondents

For Petitioner(s) : Mr. Hasti Mal Saraswat For Respondent(s) : Mr. S. K. Bhati, P. P.

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.23/2022, P.S. Sardarpura, Jodhpur (West), for

the offences under Sections 420 & 406 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-979/2022]

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 petitioners therein were 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 Commissioner of Police, 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 of Police, Jodhpur 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 186-A.Arora/-

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