Pukhraj vs State Of Rajasthan (2024:Rj-Jd:40639)
2024 Latest Caselaw 8704 Raj

Rajasthan High Court - Jodhpur

Pukhraj vs State Of Rajasthan (2024:Rj-Jd:40639) on 1 October, 2024

[2024:RJ-JD:40639]

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
                 S.B. Criminal Misc(Pet.) No. 6757/2024

Pukhraj S/o Sh. Ratan Lal, Aged About 50 Years, R/o Gajoo,
Kuchera, District Nagour.
                                                                        ----Petitioner
                                         Versus
1.       State Of Rajasthan, Through Pp
2.       Superintendent Of Police, Nagaur
3.       Sho, Ps Kuchera Dist. Nagaur.
                                                                     ----Respondents


For Petitioner(s)              :    Mr. Amit Gaur
For Respondent(s)              :    Mr. Vikram Rajpurohit, PP



                HON'BLE MR. JUSTICE ARUN MONGA

Order (Oral)

01/10/2024

1. Dissatisfied with the pace of investigation in FIR

No.162/2024, dated 25.08.2024, registered at Police Station

Kuchera, Distt. Nagaur under Sections 189(2), 191(2), 115(2),

134, 133 and 324(4) of BNS, the petitioner has preferred the

present petition seeking direction to the official respondents to

proceed further in the fair and impartial manner expeditiously.

2. Heard.

3. Learned counsel for the petitioner argues that the

investigating agency is not proceeding in a fair and just manner

and is intentionally stalling the investigation after registration of

FIR.

3. Whereas, learned Public Prosecutor appears on service of

advance copy of the petition and accepts notice on behalf of the

[2024:RJ-JD:40639] (2 of 2) [CRLMP-6757/2024]

State. He opposes the petition arguing that matter is at

investigation stage and law will take its own course. He submits

that no incriminating material of the kind has been found so far so

as to file any charge-sheet.

4. Be that as it may, in my opinion, the petitioner ought to have

availed of other available legal remedies for redressal of his

grievance before approaching this Court. Ordinarily, in cases of

grievances arising from unfair or improper investigation of an FIR,

the aggrieved person can seek recourse by approaching a superior

police officer as per Section 30 BNSS. If the grievance remains

unaddressed, one can then approach a Magistrate of competent

jurisdiction under Section now Section 175(3) BNSS, who can

order an investigation and submission of a report by the police.

Additionally, an aggrieved party can choose to file a criminal

complaint before the competent Court. if so advised. Reference

may also be had to Apex Court judgment in Sakiri Vasu versus

State of U.P. and Others1.

6. In the premise, instant petition is disposed of with liberty to

approach the appropriate forum for redressal of grievance, as

aforesaid.

7. Pending application(s), if any, shall also stand disposed of.

(ARUN MONGA),J 280-skm/-

1 2008 (2) SCC 409

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