Rajasthan High Court - Jodhpur
Hariram vs State Of Rajasthan (2024:Rj-Jd:42802) on 19 October, 2024
[2024:RJ-JD:42802]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 7259/2024
Hariram S/o Ruparam, Aged About 64 Years, R/o Bandhnau
Dikhnada, Ps Sardarsahar, Dist. Churu,raj.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Director General Of Police, Jaipur
3. Isnpector General Of Police, Bikaner Range, Bikaner.
4. Superintendent Of Police, Churu.
5. SHO, PS Sardarshahar, Dist. Churu.
----Respondents
For Petitioner(s) : Mr. Deepak Korpal
For Respondent(s) : Mr. Vikram Rajpurohit, PP
HON'BLE MR. JUSTICE ARUN MONGA
Order (Oral)
19/10/2024
1. Dissatisfied with the manner of investigation in FIR
No.212/2024, dated 09.05.2024 registered at Police Station
Sardarshahar, Distt. Churu under Sections 341, 342, 323, 354,
382, 427, 504, 506 and 143 of IPC, the petitioner-complainant
has preferred the present petition.
2. The facts of the case are that the petitioner submitted a
report alleging inter-alia that he is having a plot (bada) situated at
Village Bandhnau Dikhanada, which was being used as a dumping
place. Allegation is that, on 09.05.2024, when he went there with
his sons and daughter for removing the dumps, the accused
persons along with 20-25 other persons, attacked them. They
took his daughter aside and tore her clothes and also outraged her
[2024:RJ-JD:42802] (2 of 3) [CRLMP-7259/2024]
modesty. On the basis of this report, the aforesaid FIR was
registered.
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
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.
1 2008 (2) SCC 409
[2024:RJ-JD:42802] (3 of 3) [CRLMP-7259/2024]
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
115-skm/-
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