Jasraj vs State Of Rajasthan
2022 Latest Caselaw 8025 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 2552/2022

Jasraj S/o Shri Jagmalram, Aged About 34 Years, R/o Village Ad Post Kharapar, Tehsil Gidda, Barmer, Rajasthan.

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Navneet Singh Birkh For Respondent(s) : Mr. Mahipal Bishnoi, PP

JUSTICE DINESH MEHTA

Order

26/05/2022

1. By way of the present petition filed under Section 482 of the

Code of Criminal Procedure,1973, the petitioner has alleged that

the Investigating Officer is not conducting proper investigation in

relation to FIR No.0076/2021, P.S. Bhaniana, District Jaisalmer for

the offences under Sections 166-A, 201 and 120-B 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-2552/2022]

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 Superintendent of Police, Jaisalmer 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, Jaisalmer to consider

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

in accordance with law.

(DINESH MEHTA),J 329-akansha/-

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