Shankar Sahu Son Of Shri Mohan Lal Sahu vs State Of Rajasthan (2024:Rj-Jp:22476)
2024 Latest Caselaw 3941 Raj/2

Rajasthan High Court

Shankar Sahu Son Of Shri Mohan Lal Sahu vs State Of Rajasthan (2024:Rj-Jp:22476) on 13 May, 2024

Author: Anil Kumar Upman

Bench: Anil Kumar Upman

[2024:RJ-JP:22476]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

        S.B. Criminal Miscellaneous (Petition) No. 2845/2024

Shankar Sahu S/o Shri Mohan Lal Sahu, Aged About 41 Years,
R/o Kurthal Road, Diggi, Police Station Diggi, Tehsil Malpura,
District Tonk (Raj.)
                                                                    ----Petitioner
                                    Versus
1.       State of Rajasthan, Through PP
2.       Director General of Police, Rajasthan, Jaipur.
3.       Superintendent of Police, Tonk, District Tonk (Raj.).
4.       S.H.O. Police Station Diggi, District Tonk (Raj.)
                                                                 ----Respondents

For Petitioner(s) : Mr. Ripu Daman Singh Naruka For Respondent(s) : Mr. Riyasat Ali, PP

HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

Order

13/05/2024

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 FIR No.43/2023 registered at

Police Station Diggi, District Tonk (Raj.).

3. Petitioner filed the aforementioned FIR against the accused

persons named in the FIR for the offences punishable under

Sections 143, 341, 323 and 379 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 FIR.

[2024:RJ-JP:22476] (2 of 2) [CRLMP-2845/2024]

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

DEEPA RANI -31

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