Mool Chand Soni vs State Of Rajasthan
2022 Latest Caselaw 4838 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 906/2022

Mool Chand Soni S/o Sh. Ram Chander, Aged About 45 Years, Chandawato Ka Bas, Bilara Teh. Bilara Dist. Jodhpur.

----Petitioner Versus

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

2. Inspector General Of Police, Jodhpur Range, Jodhpur.

3. The Superintendent Of Police, Jodhpur Rural.

4. Station House Officer, P.S. Bilara, Dist. Jodhpur.

----Respondents

For Petitioner(s) : Mr. Birbal Ram Bishnoi For Respondent(s) : Mr. Mahipal Bishnoi, Public Prosecutor

JUSTICE DINESH MEHTA

Order

30/03/2022

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.296/2021, P.S. Bilara, District Jodhpur for the

offence under Section 306 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-906/2022]

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 The Superintendent Of Police, Jodhpur Rural 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 The Superintendent Of Police, Jodhpur Rural 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 192-Ramesh/-

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