Rajasthan High Court - Jodhpur
Awtar Singh vs State Of Rajasthan on 27 September, 2022
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 6341/2022
Awtar Singh S/o Dharam Singh, Aged About 27 Years, B/c Jat
Sikh R/o 3-C Chhoti Tehsil And Dist. Sri Ganganagar
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary Department Of
Home Govt. Of Raj. Jaipur
2. Inspector General Of Police, Bikaner Range Bikaner
3. Superintendent Of Police, Sri Ganganagar
4. S.h.o., Ps Kotwali Sri Ganganagar
5. Bikar Singh S/o Sadhu Singh, R/o House No. 32 B-Block
Sri Ganganagar
----Respondents
For Petitioner(s) : Mr. Omprakash Choudhary for
Mr. Rakesh Matoria
For Respondent(s) : Ms. Anita Gehlot, PP
JUSTICE DINESH MEHTA
Order
27/09/2022
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.0344/2022, P.S. Kotwali Sri Ganganagar,
District Sri Ganganagar for the offences under Sections 341, 323,
382, 143 and 506 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 &
(2 of 2) [CRLMP-6341/2022]
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 petitioner
submits a representation along with all the relevant documents
before the Superintendent of Police, Sri Ganganagar 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, Sri Ganganagar 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
50-akansha/-
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