Kailash Chand Meena S/O Late Shri ... vs State Of Rajasthan (2024:Rj-Jp:8593)
2024 Latest Caselaw 1227 Raj/2

Rajasthan High Court

Kailash Chand Meena S/O Late Shri ... vs State Of Rajasthan (2024:Rj-Jp:8593) on 19 February, 2024

Author: Anil Kumar Upman

Bench: Anil Kumar Upman

[2024:RJ-JP:8593]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

         S.B. Criminal Miscellaneous (Petition) No. 694/2024

Kailash Chand Meena S/o Late Shri Banshidhar, Aged About 70
Years, R/o Village Chawandiya Dhani, Rajahaali, Tehsil Aandhi
District Jaipur (Raj).
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Its Principal Secretary,
         Ministry Of Home Affairs, Secretariat, Jaipur.
2.       The Director General Of Police, Jaipur.
3.       Deputy Commissioner Of Police, Jaipur (East).
4.       Station House Officer, Police Station Bassi, Jaipur East.
5.       Investigating Officer, Police Station Bassi, Jaipur East.
                                                                 ----Respondents

For Petitioner(s) : Mr. Amitabh Vijaywargia For Respondent(s) : Mr. Sanjeev Mahala, PP

HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

Order

19/02/2024

1. Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available 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.760/2023 registered at

Police Station Bassi (Jaipur City East), District Jaipur City (East).

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

accused persons named in the F.I.R. for the offences under

Sections 143, 323, 341 and 328 of IPC. According to learned

counsel for the petitioner, the police authorities have not taken

[2024:RJ-JP:8593] (2 of 2) [CRLMP-694/2024]

any action against the accused persons and thus appropriate

direction be given for fair and impartial investigation of the F.I.R.

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., reported in AIR 2008 SC

907, the Judicial Magistrate has very wide powers to inquire 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 of. Stay application stands disposed of.

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

Magistrate to inquire about the progress of the investigation.

(ANIL KUMAR UPMAN),J

GAUTAM JAIN /420

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