Citation : 2023 Latest Caselaw 6304 Raj/2
Judgement Date : 30 October, 2023
[2023:RJ-JP:31724]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No.
2323/2022
Trilok Chand Vyas S/o Shri Omprakash Vyas, Aged
About 41 Years, R/o 5-A, Rajeev Nagar Vistar,
Sumel, Agra Road, Police Station Kanota, Jaipur,
District Jaipur (Rajasthan).
----Petitioner
Versus
1. State Of Rajasthan, Through Public
Prosecutor.
2. Director General Of Police, Police Headquarter,
Tonk Road, Jaipur.
3. Deputy Commissioner Of Police (East), Jaipur
Metropolitan, Jaipur.
4. S.h.o Police Station Kanota, District Jaipur.
----Respondents
For Petitioner(s) : None For : Mr. Bhawani Shankar Sharma, Respondent(s) P.P.
HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order
30/10/2023
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
[2023:RJ-JP:31724] (2 of 2) [CRLMP-2323/2022]
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 /927
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