Girraj Saini S/O Ramswaroop Saini vs State Of Rajasthan (2024:Rj-Jp:10303)
2024 Latest Caselaw 1404 Raj/2

Rajasthan High Court

Girraj Saini S/O Ramswaroop Saini vs State Of Rajasthan (2024:Rj-Jp:10303) on 28 February, 2024

Author: Anil Kumar Upman

Bench: Anil Kumar Upman

[2024:RJ-JP:10303]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

         S.B. Criminal Miscellaneous (Petition) No. 835/2024

1.       Girraj Saini S/o Ramswaroop Saini, Aged About 35 Years,
         Resident Of Village-Barkheda, Tehsil-Malakheda, District-
         Alwar, Rajasthan.
2.       Heeralal Saini S/o Lalli Ram Saini, Aged About 45 Years,
         Resident    Of   Village-Barkheda,             Tehsil-Malakheda,alwar,
         Rajasthan.
3.       Sukhlal Saini S/o Lalli Ram Saini, Aged About 43 Years,
         Resident Of Barkheda, Tehsil-Malakheda, Alwar,
                                                                    ----Petitioners
                                     Versus
1.       State Of Rajasthan, Through Public Prosecutor

2. Janak Singh S/o Ramjilal, Resident Of Village- Mundiya, Tehsil- Malakheda, Alwar, Rajasthan.

                                                                  ----Respondents


For Petitioner(s)          :     Mr. Vishivas Saini
For Respondent(s)          :     Mr. S.K. Mahala, PP



           HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

                                      Order

28/02/2024

1. The instant miscellaneous petition has been filed by the

petitioners seeking direction for conducting fair investigation of

the FIR No.29/2024 registered at the P.S. Malakheda, Alwar for

the offences under Sections 143, 323, 341 & 382 of IPC.

2. The petitioners submitted an F.I.R. against certain persons

named in the F.I.R. for the aforesaid offences but according to the

petitioners, the police authorities have not taken any action

against the accused persons.

[2024:RJ-JP:10303] (2 of 2) [CRLMP-835/2024]

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

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

of Sakiri Vasu Vs. State of U.P., AIR 2008 SC 907, no person

can be encouraged to directly approach this Court for seeking

direction of fair investigation and if he is aggrieved of any lack of

action by the police as regards the FIR which has been filed by

him/her, the appropriate course of action for the aggrieved person

is to approach the Magistrate having jurisdiction, who can call for

the report from the Investigating Officer and also instruct the

Investigating Officer to investigate the matter fairly. If the

petitioner is aggrieved by any inaction of the police, then he

should move to the appropriate Court in accordance with the

directions issued by the Apex Court in the aforesaid judgment.

Thereafter the trial court shall call for the report from the I.O. and

issue appropriate direction in consonance with the view expressed

by the Hon'ble Apex Court.

4. Resultantly, the miscellaneous petition being bereft of any

force, is dismissed. The stay application also stands dismissed.

(ANIL KUMAR UPMAN),J

CHARU SONI /441

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