Yogesh Chand Saini S/O Late Shri ... vs State Of Rajasthan
2023 Latest Caselaw 3208 Raj/2

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

      S.B. Criminal Miscellaneous (Petition) No.
                          4774/2023
Yogesh Chand Saini S/o Late Shri Sohan Lal Saini,
Aged About 65 Years, Resident Of Naya Bas, Meena
Dharamshala        Ke     Piche,       Arawali         Vihar    Alwar,
Presently Residing At Government I.t.i. College Ke
Pass, Heera Bas, Alwar, Rajasthan.
                                                       ----Petitioner
                              Versus
1.    State      Of       Rajasthan,           Through           Public
      Prosecutor.
2.    The Superintendent Of Police, Alwar, District
      Alwar, Rajasthan.
3.    Deputy      Superintendent            Of     Police      (Rural),
      Alwar, District Alwar, Rajasthan.
4.    The S.h.o. Police Station Arawali Vihar, Alwar,
      District Alwar, Rajasthan.
                                                 ----Respondents

For Petitioner(s) : Mr. Narendra Singh Hada, Adv.

For                     : Mr. Bhawani Shanker Sharma,
Respondent(s)             P.P.

HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order

07/08/2023

The petitioner-complainant has preferred this

criminal miscellaneous petition seeking fair

investigation.

A complaint has been filed by the complainant

before the concerned Judicial Magistrate which was

(2 of 2) [CRLMP-4774/2023]

forwarded under Section 156(3) Cr.P.C. to the

concerned police station whereupon the present FIR

came to be registered.

Heard learned counsel for petitioner as well as

learned Public Prosecutor.

Hon'ble Apex Court in the case of Sakiri Vasu

Vs. State of U.P. & Ors., AIR 2008 SC Page 907

has held that the Magistrate has very wide powers to

direct registration of an FIR and to ensure a proper

investigation and for this purpose, he can monitor

the investigation to ensure that the investigation is

done properly. The High Court should discourage the

practice of filing a writ petition or petition under

Section 482 Cr.P.C. simply because a person has a

grievance that after registration of FIR, proper

investigation has not been done by the police.

In view of above, this Court is not inclined to

entertain the criminal miscellaneous petition. The

same is accordingly dismissed.

However, the petitioner would be at liberty to

approach the concerned Magistrate for redressing his

grievance.

(UMA SHANKER VYAS),J

DANISH USMANI /804

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