Manak Ram vs State Of Rajasthan (2024:Rj-Jd:40910)
2024 Latest Caselaw 8768 Raj

Rajasthan High Court - Jodhpur

Manak Ram vs State Of Rajasthan (2024:Rj-Jd:40910) on 7 October, 2024

[2024:RJ-JD:40910]

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
                 S.B. Criminal Misc(Pet.) No. 6273/2024

Manak Ram S/o Guddar Ram, Aged About 42 Years, R/o
Chokidaro Ka Bass, Dasawas, Riyan Badi, Dist. Nagaur,raj.
                                                                            ----Petitioner
                                            Versus
State Of Rajasthan, Through Pp
                                                                          ----Respondent


For Petitioner(s)                 :    Mr. B. Ray Bishnoi
For Respondent(s)                 :    Mr. Shriram Choudhary, P.P.



                HON'BLE MR. JUSTICE ARUN MONGA

Order

07/10/2024

1. Dissatisfied with the progress and manner of the

investigation, the petitioner/complainant seeks issuance of

directions to the respondents to conduct a fair

inquiry/investigation regarding FIR No.128/2024 dated

01.08.2024, registered at P.S. Thanwala, District Nagaur, for the

offences under Sections 115(2), 333, 74 of BNS 2023 & 3(1)(S),

3(1)(R), 3(1)(W)(i), 3(2)(VA) of the SC/ST Act.

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.

4. Learned Public Prosecutor appears on service of advance

copy of the petition and accepts notice on behalf of the State. He

[2024:RJ-JD:40910] (2 of 2) [CRLMP-6273/2024]

opposes the petition arguing that once FIR was registered, law will

take its own course. So far no incriminating material of the kind

has been unearthed so as to file the charge-sheet, he informs.

5. Be that as it may, in my opinion, investigation is still at very

nascent stage. In any case, 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 36 of Cr.P.C (now Section 30 of BNSS). If the

grievance remains unaddressed, one can then approach a

Magistrate of competent jurisdiction under Section 156(3) of

Cr.P.C. (now Section 175(3) of BNSS), who can seek submission of

a report by the police. 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 65-Taruna/-

1 2008 (2) SCC 409

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