Mahesh Chand Son Of Shri Moharu @ ... vs State Of Rajasthan ...
2023 Latest Caselaw 5999 Raj/2

[2023:RJ-JP:29416]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No.
                            6601/2023

Mahesh Chand Son Of Shri Moharu @ Mhoru
Bairwa, Resident Of Village Sanwal, Police Station
And Tehsil Phagi, District Jaipur Rural Rajasthan.
                                                         ----Petitioner
                                Versus
1.     State Of Rajasthan, Through P.p.
2.     Director General Of Police, Rajasthan, Jaipur.
3.     Superintendent Of Police, Japur, Rural, Distt.
       Jaipur (Raj).
4.     S.h.o. Police Station Phagi, District Jaipur
       Rural (Rajasthan).
                                                   ----Respondents

For Petitioner(s)        : None
For                      : Mr. Sher Singh Mahala, P.P.
Respondent(s)

HON'BLE MR. JUSTICE UMA SHANKER VYAS

Judgment / Order

13/10/2023

No one is present on behalf of the petitioner.

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

[2023:RJ-JP:29416] (2 of 2) [CRLMP-6601/2023]

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 /785

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