Khinya Ram Choudhary vs State Of Rajasthan (2023:Rj-Jd:41986)
2023 Latest Caselaw 10385 Raj

Rajasthan High Court - Jodhpur

Khinya Ram Choudhary vs State Of Rajasthan (2023:Rj-Jd:41986) on 4 December, 2023

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2023:RJ-JD:41986]                   (1 of 2)                     [CRLMP-7459/2023]


       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
                S.B. Criminal Misc(Pet.) No. 7459/2023

Khinya Ram Choudhary S/o Shri Ram Ram, Aged About 46
Years, R/o Palli First, P.s. Matora Tehsil Lohawat, Dist. Jodhpur.
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through PP
2.       The Director General Of Police, Headquarter, Rajasthan,
         Jaipur.
3.       Inspector General Of Police, Jodhpur Range, Jodhpur.
4.       Superintendent Of Police, Jodhpur Rural.
5.       Station House        Officer,     Police      Station    Matora,    Dist.
         Jodhpur.
6.       Moola Ram S/o Shri Mala Ram, R/o Palli P.s. Matora,
         Tehsil Lohawat, Dist. Jodhpur.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. B.P. Mathur.
                                Mr. Shokat Ali Raza.
For Respondent(s)         :     Mr. S.S. Rajpurohit, PP.



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

04/12/2023

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.74/2023, P.S. Matora, District Jodhpur for the

offences under Sections 420, 406, 467, 468, 471 and 120B of the

IPC.

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

[2023:RJ-JD:41986] (2 of 2) [CRLMP-7459/2023]

Maharashtra & 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, Jodhpur Rural 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, Jodhpur Rural to consider

petitioner's representation (if filed) and ensure fair investigation,

in accordance with law.

6. The stay application also stands disposed of accordingly.

(KULDEEP MATHUR),J 349-Tikam/-

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