Santosh Tiwari S/O Shri Rajendra ... vs State Of Rajasthan ...
2023 Latest Caselaw 4362 Raj/2

[2023:RJ-JP:19844]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No.
                            4460/2022

Santosh Tiwari S/o Shri Rajendra Prasad Tiwari,
Aged About 32 Years, R/o 23 A, Master Colony,
Jamdol, Agara Road, Jaipur (Raj).
                                                          ----Petitioner
                                Versus
1.     State         Of     Rajasthan,           Through            Public
       Prosecutor,        Rajasthan         High         Court,     Jaipur
       Bench, Jaipur.
2.     Director       General       Of     Police,        Police    Head
       Quarter, Lal Kothi, Jaipur (Raj).
3.     Commissioner Of Police, Jaipur (Raj).
4.     Station        House         Officer,        Police         Station
       Bhankrota, Jaipur (West), Jaipur (Raj).
                                                   ----Respondents

For Petitioner(s) : Mr. D.D. Khandelwal, Adv. For : Mr. Yashwant Kankhediya, P.P. Respondent(s)

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

29/08/2023

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

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

[2023:RJ-JP:19844] (2 of 2) [CRLMP-4460/2022]

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 /661

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