Narayan Singh vs State Of Rajasthan (2024:Rj-Jd:41427)
2024 Latest Caselaw 8889 Raj

Rajasthan High Court - Jodhpur

Narayan Singh vs State Of Rajasthan (2024:Rj-Jd:41427) on 9 October, 2024

[2024:RJ-JD:41427]

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
                 S.B. Criminal Misc(Pet.) No. 7046/2024

Narayan Singh S/o Panne Singh, Aged About 67 Years, R/o
Village Roda, Tehsil Nokha, District Bikaner.
                                                                        ----Petitioner
                                         Versus
1.       State Of Rajasthan, Through PP
2.       The Station House Office, Nokha, District Bikaner.
3.       The Superintendent Of Police, District Bikaner.
4.       The Inspector General Of Police, Ig Range Bikaner.
                                                                     ----Respondents


For Petitioner(s)              :    Mr. Nishank Madhan
For Respondent(s)              :    Mr. Vikram Rajpurohit, PP



                HON'BLE MR. JUSTICE ARUN MONGA

Order (Oral)

09/10/2024

1. Dissatisfied with the manner of investigation in FIR

No.525/2022, dated 12.11.2022 registered at Police Station

Nokha, Distt. Bikaner under Sections 420, 467, 468, 471 and 120-

B of IPC, the petitioner has preferred the present petition.

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

State. He opposes the petition arguing that matter is under

investigation and law will take its own course. He submits that no

[2024:RJ-JD:41427] (2 of 2) [CRLMP-7046/2024]

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 36 Cr.P.C. (now Section 30 BNSS). If

the grievance remains unaddressed, one can then approach a

Magistrate of competent jurisdiction under Section 156(3) Cr.P.C.

(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 213-skm/-

1 2008 (2) SCC 409

Powered by TCPDF (www.tcpdf.org)