Kamal Khan vs State Of Rajasthan (2024:Rj-Jd:42138)
2024 Latest Caselaw 9041 Raj

Rajasthan High Court - Jodhpur

Kamal Khan vs State Of Rajasthan (2024:Rj-Jd:42138) on 16 October, 2024

[2024:RJ-JD:42138]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Criminal Misc(Pet.) No. 6712/2024

Kamal Khan S/o Sheru Khan, Aged About 26 Years, R/o Jam Ka
Tala Itada, Dhanau, Dist. Barmer (Raj.)
                                                                             ----Petitioner
                                             Versus
1.       State       Of     Rajasthan,        Through         The       Home      Secretary,
         Department Of Home, Jaipur.
2.       The Director General Of Police, Jaipur.
3.       The Inspector General Of Police, Jodhpur Range, Jodhpur.
4.       The Superintendent Of Police, Barmer.
5.       The S.h.o., Police Station Dhanau, Dist. Barmer.
                                                                          ----Respondents


For Petitioner(s)                  :    Mr. Madan Singh Rathore
For Respondent(s)                  :    Mr. Vikram Singh Rajpurohit, P.P.



               HON'BLE MR. JUSTICE ARUN MONGA

Order

16/10/2024

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.118/2024 dated

22.08.2024, registered at P.S. Dhanau, District Barmer, for the

offences under Sections 189(2), 127(2), 115(2), 74, 303(2),

324(2) of BNS.

2. Heard.

3. Learned counsel for the petitioner argues that the

investigating agency is not proceeding in a fair and just manner

[2024:RJ-JD:42138] (2 of 2) [CRLMP-6712/2024]

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

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, 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 of BNSS. If the grievance remains

unaddressed, one can then approach a Magistrate of competent

jurisdiction under 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 219-Taruna/-

1 2008 (2) SCC 409

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