Kshitij Boudh vs State
2022 Latest Caselaw 4019 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 907/2022 Kshitij Boudh S/o Attar Singh, Aged About 21 Years, R/o U 22 Nakoda Nagar Iii, Rakampura Bedwas, District Udaipur (Raj.)

----Petitioner Versus

1. State, Through Pp

2. Superintendent Of Police, Udaipur.

3. S.h.o., Police Station, Pratap Nagar, Distt. Udaipur.

4. Yogesh Dangi S/o Bheru Lal Dangi, R/o 170, Nb Nagar, Bedwa, P.s. Pratap Nagar, Distt. Udaipur.

5. Lalit Dangi S/o Bheru Lal Dangi, R/o 170, Nb Nagar, Bedwa, P.s. Pratap Nagar, Distt. Udaipur.

6. Bheru Lal Dangi S/o Unknown, R/o 170, Nb Nagar, Bedwa, P.s. Pratap Nagar, Distt. Udaipur.

----Respondents

For Petitioner(s) : Mr. R. P. Singaria For Respondent(s) : Mr. Mohd. Javed Gauri, P. P.

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.699/2021, P.S. Pratap Nagar, Udaipur for the

offences under Sections 341, 323 & 34 of Indian Penal Code read

with Sections 3(1)(s) and 3(2)(va) of SC/ST (Prevention of

Atrocities) Act and also FIR No.661/2021, P.S. Pratap Nagar,

Udaipur for the offences under Sections 147, 148, 307, 336, 323

and 149 of 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)

(2 of 2) [CRLMP-907/2022]

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 Inspector General of Police, Udaipur 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 Inspector General of Police, Udaipur 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 191-A.Arora/-

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