Smt. Kalia Devi Wife Of Late Shri Atar ... vs State Of Rajasthan (2024:Rj-Jp:16009)
2024 Latest Caselaw 2528 Raj/2

Rajasthan High Court

Smt. Kalia Devi Wife Of Late Shri Atar ... vs State Of Rajasthan (2024:Rj-Jp:16009) on 4 April, 2024

Author: Anil Kumar Upman

Bench: Anil Kumar Upman

[2024:RJ-JP:16009]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

        S.B. Criminal Miscellaneous (Petition) No. 5044/2023

Smt. Kalia Devi Wife Of Late Shri Atar Singh, Resident Of Ward
No. 4, Kherli Rail, Police Station Kherli, District Alwar (Raj).
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through P.P.
2.       Director General Of Police, Rajasthan, Jaipur (Raj).
3.       Superintendent Of Police, Alwar (Rajasthan).
4.       S.h.o. Police Station Kherli, District Alwar, Rajasthan.
                                                                 ----Respondents

For Petitioner(s) : Mr. Girish Khandelwal For Respondent(s) : Mr. M.K. Sheoran, PP

HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

Order

04/04/2024

1. Heard learned counsel for the petitioner and learned Public

Prosecutor Perused the material on record.

2. The instant misc. petition has been filed under Section 482

Cr.P.C. on behalf of the petitioner seeking direction for conducting

fair and impartial investigation in F.I.R. No.176/2023 registered at

Police Station Kherli, District Alwar.

3. The petitioner filed the aforementioned F.I.R. against the

accused persons named in the F.I.R. for the offence under Section

302 of IPC. According to learned counsel for the petitioner, the

police authorities have not taken any action against the accused

persons and thus appropriate direction be given for fair and

impartial investigation of the F.I.R.

[2024:RJ-JP:16009] (2 of 2) [CRLMP-5044/2023]

4. This Court is of the opinion that in view of the observations

made and directions given by the Hon'ble Apex Court in the case

of Sakiri Vasu Vs. State of U.P., AIR 2008 SC 907, the Judicial

Magistrate has very wide powers to enquire about the

investigation and for monitoring the investigation to ensure that

the investigation is done properly. Apex Court has further

observed that the High Court should discourage the practice of

filing Writ Petitions or petitions under Section 482 Cr.P.C. simply

because a person has a grievance that investigation has not been

done properly by the Police. For this grievance, the remedy lies

before the concerned Magistrate.

5. In view of the Judgment of the Apex Court, I do not find any

force in the Criminal Misc. Petition and the same is accordingly

disposed. Stay application stands disposed.

6. However, petitioner would be free to approach the concerned

Magistrate to enquire about the progress of the investigation.

(ANIL KUMAR UPMAN), J

DEEPA RANI -224

Powered by TCPDF (www.tcpdf.org)