Bhinyaram vs State Of Rajasthan (2024:Rj-Jd:43083)
2024 Latest Caselaw 9197 Raj

Rajasthan High Court - Jodhpur

Bhinyaram vs State Of Rajasthan (2024:Rj-Jd:43083) on 21 October, 2024

[2024:RJ-JD:43083]

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
                 S.B. Criminal Misc(Pet.) No. 7290/2024

Bhinyaram        S/o       Peeraram,         Aged      About       55     Years,   Jajiwal
Bishnoiyan, Banar, Jodhpur East.
                                                                            ----Petitioner
                                            Versus
1.       State Of Rajasthan, Through Pp
2.       The Commissioner Of Police, Jodhpur (Raj.)
3.       The Sho Officer, P.s. Banar, Jodhpur City East, (Raj.)
                                                                         ----Respondents


For Petitioner(s)                 :    Ms. Raveena Kanwar.
For Respondent(s)                 :    Ms. Sonu Manawat, P.P.



                HON'BLE MR. JUSTICE ARUN MONGA

Order

21/10/2024

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.219/2024 dated

27.05.2024, registered at P.S. Banar, Jodhpur City East, for the

alleged offences under Sections 279 and 337 of IPC.

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

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

[2024:RJ-JD:43083] (2 of 2) [CRLMP-7290/2024]

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 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. (corresponding to 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 117-Sumit/-

1 2008 (2) SCC 409

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