Citation : 2023 Latest Caselaw 5634 Raj/2
Judgement Date : 6 October, 2023
[2023:RJ-JP:27210]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No.
5925/2022
Shakir Mohammed Son Of Noor Mohammed
Mansuri, Resident Of Village Dabi, Tehsil Taleda,
District Bundi (Rajasthan).
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Rajneesh Gupta, Adv.
For : Mr. Ghan Shyam Singh
Respondent(s) Rathore, GA-cum-AAG,
assisted by
Mr. Ganesh Saini, P.P.
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Judgment / Order
06/10/2023
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
concerned police station whereupon the present FIR
came to be registered.
[2023:RJ-JP:27210] (2 of 2) [CRLMP-5925/2022]
Heard learned counsel for petitioner as well as
learned Government Advocate-cum-Additional
Advocate General.
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 /462
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