Manphulram vs State Of Rajasthan
2022 Latest Caselaw 4326 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 1235/2022 Manphulram S/o Gumanaram, Aged About 76 Years, 2 Pm Phulewala, Nai Mandi Gharsana, Dist. Sri Ganganagar (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. The Commissioner Of Police, Range-Jodhpur, Dist.

Jodhpur.

3. The Superintendent Of Police, Jodhpur Rural.

4. The S.h.o., P.s. Lohawat, Dist. Jodhpur Rural.

                                                                   ----Respondents


For Petitioner(s)           :     Mr. Kunal Bishnoi
For Respondent(s)           :     Mr. S.K. Bhati, PP


                       JUSTICE DINESH MEHTA
                               Order
16/03/2022

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.49/2022, P.S. Lohawat, District Jodhpur Rural

for the offences under Section 307 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

(2 of 2) [CRLMP-1235/2022]

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 Commissioner of Police, Range-Jodhpur, Dist. 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, Range-Jodhpur, Dist.

Jodhpur to consider petitioner's representation (if filed) and

ensure fair investigation, in accordance with law.

6. Having regard to the allegations levelled in the FIR and

considering the contents of the FIR, which indicates that serious

allegations have been levelled against the Police authorities,

including Deputy Superintendent of Police, this Court deems it

appropriate to direct the I.G. Jodhpur to have supervision over the

investigation.

7. It is hereby ordered that no final report shall be filed in the

Court without the approval of the I.G., Police.

8. The stay application also stands disposed of accordingly.

(DINESH MEHTA),J 228-Amar/-

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