Vinod vs State Of Rajasthan
2022 Latest Caselaw 4018 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 1178/2022

1. Vinod S/o Sh. Shyam Lal, Aged About 21 Years, B/c Nayak, R/o Nayko Ka Khera, Teh. Hamirgarh Dist. Bhilwara.

2. Raju S/o Shri Balu, Aged About 22 Years, B/c Nayak, R/o Nayko Ka Khera, Teh. Hamirgarh Dist. Bhilwara.

3. Suraj S/o Sh. Shankar Lal, Aged About 23 Years, B/c Nayak, R/o Nayko Ka Khera, Teh. Hamirgarh Dist. Bhilwara.

----Petitioners Versus

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

2. The Superintendent Of Police, Bhilwara.

3. Station House Officer, P.s. Mangrop, Dist. Bhilwara.

4. Ram Chandra Gurjar S/o Sh. Balu Gurjar, Fagano Ka Khera, Teh. Hamirgarh, Dist. Bhilwara.

5. Bheru S/o Bhanwar Gurjar, Fagano Ka Khera, Teh.

Hamirgarh, Dist. Bhilwara.

6. Bheru S/o Mana Gurjar, Fagano Ka Khera, Teh.

Hamirgarh, Dist. Bhilwara.

7. Gopal S/o Nanu Gurjar, Fagano Ka Khera, Teh. Hamirgarh, Dist. Bhilwara.

----Respondents

For Petitioner(s) : Mr. Rajendra Singh Charan For Respondent(s) : Mr. Mohd. Javed Gauri, PP

JUSTICE DINESH MEHTA

Order

14/03/2022

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.0007/2022, P.S. Mangrop, District Bhilwara, for

the offences under Sections 143, 341 and 323 of the Indian Penal

(2 of 3) [CRLMP-1178/2022]

Code and Section 3(1)(r), 3(1)(s) and 3(2)(va) of Scheduled

Caste and Scheduled Tribes (Prevention of Atrocities) Act, 2015.

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 petitioner

submits a representation along with all the relevant documents

before the Superintendent of Police, Bhilwara 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, Bhilwara to consider

petitioner's representation (if filed) and ensure fair investigation,

in accordance with law.

(3 of 3) [CRLMP-1178/2022]

6. The stay application also stands disposed of accordingly.

(DINESH MEHTA),J 49-akansha/-

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