Hari Ram Son Of Shri Ram Phool vs State Of Rajasthan ...
2023 Latest Caselaw 4363 Raj/2

[2023:RJ-JP:19850]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No.
                            4720/2022

Hari Ram Son Of Shri Ram Phool, Aged About 60
Years, Resident Of Village Salempur- Khurd, Police
Station, Bhusawar, District Bharatpur (Rajasthan).
                                                          ----Petitioner
                                Versus
1.     State         Of     Rajasthan,           Through         Public
       Prosecutor.
2.     Golu     @     Ravindra        Son      Of        Ganga   Sahai,
       Resident Of Village Kirwara, Police Station
       Mahavir Ji, District Karauli (Rajasthan).
3.     Ram Singh Son Of Lalli Ram, Resident Of
       Village Kirwara, Police Station Mahavir Ji,
       District Karauli (Rajasthan).
4.     Dalu Son Of Harkesh, Resident Of Village
       Kirwara, Police Station Mahavir Ji, District
       Karauli (Rajasthan).
5.     Abhilasha Daughter Of Ganga Sahai, Resident
       Of Village Kirwara, Police Station Mahavir Ji,
       District Karauli (Rajasthan).
                                                    ----Respondents

For Petitioner(s) : Dr. Sohan Lal Sharma, Adv. For : Mr. Yashwant Kankhediya, P.P. Respondent(s)

HON'BLE MR. JUSTICE UMA SHANKER VYAS

Judgment / Order

29/08/2023

[2023:RJ-JP:19850] (2 of 3) [CRLMP-4720/2022]

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

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.

[2023:RJ-JP:19850] (3 of 3) [CRLMP-4720/2022]

However, the petitioner would be at liberty to

approach the concerned Magistrate for redressing his

grievance.

(UMA SHANKER VYAS),J

DANISH USMANI /664

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