Mahaveer Prasad Jain S/O Late Shri ... vs State Of Rajasthan ...
2023 Latest Caselaw 6445 Raj/2

[2023:RJ-JP:32877]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No.
                            10675/2022

Mahaveer Prasad Jain S/o Late Shri Teekam Chand
Jain, Aged About 62 Years, R/o Sarola Kalan, Police
Station Sarola Kalan, District Jhalawar, Presently
Residing At Ramganj Mandi, District Kota Rural
(Rajasthan).
                                                         ----Petitioner
                                Versus
1.     State         Of     Rajasthan,           Through           Public
       Prosecutor.
2.     The Director General Of Police, Rajasthan,
       Jaipur.
3.     The       Superintendent            Of      Police,     District
       Jhalawar.
4.     The Station House Officer, Police Station
       Sarola, District Jhalawar.
                                                   ----Respondents

For Petitioner(s)         : None
For                       : Mr. Atul Sharma, P.P.
Respondent(s)

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

03/11/2023

No one is present on behalf of the petitioner.

The petitioner-complainant has preferred this

criminal miscellaneous petition seeking fair

investigation.

[2023:RJ-JP:32877] (2 of 2) [CRLMP-10675/2022]

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.

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 /453

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