Smt. Sudha Gupta W/O Vishva Mohan ... vs The State Of Rajasthan
2023 Latest Caselaw 1330 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

      S.B. Criminal Miscellaneous (Petition) No. 8302/2022

Smt. Sudha Gupta W/o Vishva Mohan Gupta, R/o C-29, Mahesh
Nagar, Jaipur, Police Station Mahesh Nagar, Jaipur City Jaipur.
                                                                   ----Petitioner
                                   Versus
The State Of Rajasthan, Through Pp
                                                                 ----Respondent

For Petitioner(s) : Mr. Rajneesh Gupta For State : Mr. Deshraj Gosingha, PP For Complainant Mr. Rajeev Sharma Mr. Surendra Singh, CI/SHO, Jawahar Circle, Jaipur (East)

HON'BLE MR. JUSTICE BIRENDRA KUMAR Order 01/02/2023

The investigation report is taken on record.

This petition is for direction of impartial and speedy

investigation in the FIR No.06/2021 registered at Police Station

Jawahar Circle, Jaipur City (East) for offences under Sections 420,

467, 468, 471 and 120-B IPC.

In pursuance of the order dated 29.11.2022, the

Investigating Officer is present in the Court and informs that the

investigation is at the verge of conclusion. Only appearance of the

accused is to be ensured.

Considering the matter and status of the case aforesaid, this

petition stands disposed of in the light of the judgment in Sakiri

Vasu Vs. State of U.P. & Ors. reported in AIR 2008 SC 907, the

Hon'ble Supreme Court stated in para 27 as follows:-

"27. As we have already observed above, the Magistrate has very wide powers to direct registration

(2 of 3) [CRLMP-8302/2022]

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 (though he cannot investigate himself). 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 his FIR has not been registered by the police, or after being registered, proper investigation has not been done by the police. For this grievance, the remedy lies under Sections 36 and 154(3) before the concerned police officers, and if that is of no avail, under Section 156(3) Cr.P.C. before the Magistrate or by filing a criminal complaint under Section 200 Cr.P.C. and not by filing a writ petition or a petition under Section 482, Cr.P.C."

The aforesaid view was reiterated in Sudhir Bhaskarrao

Rao Tambe Vs. Hemant Yashwant Dhage and Ors. reported

in 2016 (6) SCC 277.

Again in M. Subramaniam and Anr. Vs. S. Janaki and

Anr. reported in 2020 (16) SCC 728, a three Judges Bench of

Hon'ble Supreme Court reiterated the view taken in Sakiri Vasu

(supra).

Learned Magistrate has ample powers to monitor fair

investigation of a case and The Hon'ble Supreme Court has

consistently stated that instead of invoking jurisdiction under

Article 226 of The Constitution of India or under Section 482 of

Cr.P.C, the aggrieved person should approach the learned

Magistrate itself who has got ample power under Cr.P.C to do the

needful.

Considering the fact that the petitioner is not remediless for

redressal of his grievance, this court is not inclined to entertain

this petition. The petitioner may approach the Magistrate

concerned.

(3 of 3) [CRLMP-8302/2022]

With the aforesaid observation, the instant petition stands

disposed of.

If the petitioner approaches the Magistrate concerned, the

learned Judicial Magistrate shall proceed according to law

expeditiously.

(BIRENDRA KUMAR),J

Sunita/10

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