Kuki Devi vs State Of Rajasthan
2022 Latest Caselaw 3889 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 857/2022

Kuki Devi W/o Shri Narsingh Ram, Aged About 49 Years, R/o Mandawas, Rohat, District Pali, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Director General Of Police, Head Quarter, Rajasthan, Jaipur.

2. Superintendent Of Police, Pali, District Pali, Rajasthan.

3. The Station House Officer, P.s. Rohat, District Pali, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Sampat Prajapat For Respondent(s) : Mr. Mahipal Bishnoi, PP

JUSTICE DINESH MEHTA

Order

11/03/2022

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.38/2022 P.S. Rohat, Pali for the offences under

Sections 143, 354, 323, 384 and 451 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.

(2 of 2) [CRLMP-857/2022]

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 petitioner

submits a representation along with all the relevant documents

before the Superintendent of Police, Pali, District Pali 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, Pali, District Pali 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 47-akansha/-

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