Haider Khan S/O Mohammad Mujamil vs State Of Rajasthan
2023 Latest Caselaw 3209 Raj/2

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

      S.B. Criminal Miscellaneous (Petition) No.
                          4594/2023

Haider Khan S/o Mohammad Mujamil, Aged About
23   Years,      R/o   Malarna       Doongar,          P.s.   Malarna
Doongar, District Sawai Madhopur, Raj.
                                                       ----Petitioner
                              Versus
1.    State       Of      Rajasthan,           Through           Public
      Prosecutor.
2.    Superintendent Of Police, Sawai Madhopur.
3.    Station House Officer, Police Station Mantown,
      Sawai Madhopur (Raj).
4.    Investigation Officer, Fir No. 0064/2023 Police
      Station Mantown, Sawai Madhopur (Raj).
                                                 ----Respondents

For Petitioner(s) : Mr. Mohammad Wasim Khan, 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-4594/2023]

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 the petitioner as well

as the 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 /766

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