Om Prakash Saini S/O Shri Arjun Lal Saini vs State Of Rajasthan (2024:Rj-Jp:21011)
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Rajasthan High Court

Om Prakash Saini S/O Shri Arjun Lal Saini vs State Of Rajasthan (2024:Rj-Jp:21011) on 3 May, 2024

Author: Anil Kumar Upman

Bench: Anil Kumar Upman

[2024:RJ-JP:21011]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

        S.B. Criminal Miscellaneous (Petition) No. 1887/2024

Om Prakash Saini S/o Shri Arjun Lal Saini, Aged About 52 Years,
Resident Of Dhani Kanka Wali, Village Dhaniya, Panchayat, P/s
Nawalgarh, District Jhunjhunu, Rajasthan.
                                                                     ----Petitioner
                                       Versus
1.       State Of Rajasthan, Through P.p.
2.       Director    General      Of    Police,      Rajasthan,      Police   Head
         Quarter, Lal Kothi, Tonk Road, Jaipur.
3.       Police       Commissioner               Jaipur,          Jaipur      Police
         Commissionerate, Government Hostel, M.i. Road, Jaipur,
         Rajasthan.
4.       Deputy Commissioner Of Police, Jaipur City (West),
         Jaipur, Rajasthan.
5.       S.h.o. , Police Station Kardhani, Jaipur City (West), Jaipur,
         Rajasthan.
                                                                  ----Respondents

For Petitioner(s) : Mr. Arvind Kumar Berwal For Respondent(s) : Mr. N.S. Gurjar, PP

HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

Order

03/05/2024

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.76/2024 registered at

Police Station Kardhani, District Jaipur City (West), Rajasthan.

3. Petitioner filed the aforementioned F.I.R. against the accused

persons named in the F.I.R. for the offences under Section 306 of

[2024:RJ-JP:21011] (2 of 2) [CRLMP-1887/2024]

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.

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 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

LALIT MOHAN /14

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