Jaydeep Diwakar S/O Sh. Ramakant ... vs State Of Rajasthan ...
2023 Latest Caselaw 5635 Raj/2

[2023:RJ-JP:27205]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No.
                            5046/2022

Jaydeep Diwakar S/o Sh. Ramakant Ji Diwakar,
Aged About 47 Years, R/o Nrisinghpura, Beawar,
District Ajmer (Raj.)
                                                         ----Petitioner
                                Versus
1.     State Of Rajasthan, Through P.p.
2.     Director General Of Police Rajasthan, Phq
       Jaipur.
3.     Inspector General Of Police, Range Ajmer.
4.     Superintendent Of Police, District Ajmer.
5.     S.h.o., Police Station- Beawar City, District
       Ajmer.
                                                   ----Respondents

For Petitioner(s) : Ms. Nikita Sharma, Adv., for Mr. Deshraj Kalwania, Adv.

For                      : Mr. Ganesh Saini, P.P.
Respondent(s)

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

[2023:RJ-JP:27205] (2 of 2) [CRLMP-5046/2022]

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.

However, the petitioner would be at liberty to

approach the concerned Magistrate for redressing his

grievance.

(UMA SHANKER VYAS),J

DANISH USMANI /457

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