Mukesh Kumar vs State Of Rajasthan
2022 Latest Caselaw 11242 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 5742/2022

1. Mukesh Kumar S/o Shri Rambhagat, Aged About 24 Years, R/o Ward No. 4, Jaitsar, Dungargarh, District Bikaner.

2. Smt. Saraswati W/o Shri Rambhagat, Aged About 40 Years, R/o Ward No. 4, Jaitsar, Dungargarh, District Bikaner.

3. Anita D/o Shri Rambhagat, Aged About 25 Years, R/o Ward No. 4, Jaitsar, Dungargarh, District Bikaner.

4. Vishnu S/o Shri Rambhagat, Aged About 21 Years, R/o Ward No. 4, Jaitsar, Dungargarh, District Bikaner.

5. Rambhagat S/o Shri Rukmanand Sharma, Aged About 45 Years, R/o Ward No. 4, Jaitsar, Dungargarh, District Bikaner.

----Petitioners Versus

1. State Of Rajasthan, Through Pp

2. The Station House Officer (S.h.o.), Police Station, Sahawa, Taranagar, District Churu.

3. The Superintendent Of Police, District Churu.

----Respondents

For Petitioner(s) : Mr. Nishank Madhan For Respondent(s) : Mr. Mohd. Javed Gauri, PP

JUSTICE DINESH MEHTA

Order

08/09/2022

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

Code of Criminal Procedure, the petitioners have alleged that the

Investigating Officer is not conducting proper investigation in

relation to FIR No.112/2022, P.S. Sahawa, District Churu for the

offences under Sections 498-A, 406 and 323 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

(2 of 2) [CRLMA-272/2022]

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

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 petitioners

submit a representation along with all the relevant documents

before the Superintendent of Police, Churu 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, Churu to consider

petitioners' representation (if filed) and ensure fair investigation,

in accordance with law.

6. The stay application also stands disposed of accordingly.

(DINESH MEHTA),J 158-akansha/-

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