Moji Ram Bhakar vs State Of Rajasthan
2022 Latest Caselaw 12212 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 6227/2022

Moji Ram Bhakar S/o Mangi Lal, Aged About 40 Years, R/o Mukam Post Rol, Tehsil Jayal, District Nagaur.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Superintendent Of Police, District Nagaur.

3. Sho, P.s. Kotwali, District Nagaur.

4. Mani Ram S/o Tulcha Ram, R/o Village Rol, Tehsil Jayal, District Nagaur.

----Respondents

For Petitioner(s) : Mr. Aditya S. Rathore for Mr. P.K.Gupta For Respondent(s) : Mr. Anees Bhurat, PP

JUSTICE DINESH MEHTA

Order

11/10/2022

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.0153/2021, P.S. Kotwali Nagaur, District Nagaur

for the offences under Sections 302, 365 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

(2 of 2) [CRLMP-6227/2022]

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, Nagaur 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, Nagaur to consider

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

in accordance with law.

(DINESH MEHTA),J 60-akansha/-

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