Rajasthan High Court
Surta Devi Wife Of Shri Kaluram vs State Of Rajasthan (2024:Rj-Jp:39060) on 17 September, 2024
Author: Sameer Jain
Bench: Sameer Jain
[2024:RJ-JP:39060]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 6020/2024
Surta Devi W/o Shri Kaluram, Aged About 50 Years, R/o Kotdi,
Police Station Mor, District Kekri (Raj).
----Petitioner
Versus
1. State of Rajasthan through Public Prosecutor.
2. Director General of Police, Police Headquarters, Lal Kothi
Scheme, Jaipur (Raj).
3. Superintendent of Police, Kekdi, District Kekdi, Raj.
4. Station House Officer, Police Station Mor, District Kekdi
(Raj).
----Respondents
For Petitioner(s) : Mr. Ram Niwas Saini with
Ms. Nirmala Kushwah
For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP
with
Mr. Rishi Raj Singh Rathore, PP
HON'BLE MR. JUSTICE SAMEER JAIN
Order
17/09/2024
1. The present petition is filed with the following prayers:
"It is, therefore, prayed that Your Lordships may graciously
be pleased to accept and allow this petition and-
i. The investigation may kindly be transferred
immediately at C.I.D., C.B. Crime Branch or to any
other independent Officer who is not below the rank of
Superintendent of Police or Dy. S.P.
ii. Necessary directions may kindly be given to get
the proper, fair and unbiased investigation in FIR
No.89/2024 dated 16.08.2024 Offence under Section
115(2), 126(2), 3(5) of B.N.S., 2023 registered at Police
Station Mor, District Kekdi.
[2024:RJ-JP:39060] (2 of 3) [CRLMP-6020/2024]
iii. Necessary directions be issued to investigation
agency that the accused-persons who are absconding
the threatening the complainant & witness, may
immediately be arrested.
iv. Any other order or directions which this Hon'ble
Court deem just and circumstances of the case may also
kindly be passed in favour of the petitioner."
2. Heard and considered the averments made by the learned
counsel for both the sides.
3. Upon a perusal of the record and considering the facts and
circumstances of the instant matter, it can be deduced that the
present petition is pre-mature for adjudication.
4. It is noted that the FIR was made to be registered on
16.08.2024 and the petitioners have directly approached this
Court seeking directions for fair, impartial and speedy
investigation.
5. Nevertheless, considering the provisions of section 29 of the
Rajasthan Police Act, 2007, allied provisions and the interpretation
spelled out by Hon'ble Apex Court in a catena of judgments
namely in Maneka Gandhi Vs. Union of India & Anr. reported
in (1978) 1 SCC 248 and Hussainara Khatoon & Ors. Vs.
Home Secretary, State of Bihar reported in (1980) 1 SCC 81,
that Article 21 of the Constitution of India confers a fundamental
right on every person not to be deprived of his life or liberty
except according to procedure established by law; that such
procedure is not some semblance of a procedure but the
procedure should be 'reasonable, fair and just'; and therefrom
flows without doubt the right to speedy trial. It is also observed
that procedure which does not ensure a reasonably quick trial can
[2024:RJ-JP:39060] (3 of 3) [CRLMP-6020/2024]
be regarded as 'reasonable, fair or just' and it would fall foul of
Article 21.
6. In light of the aforementioned, this Court directs the
petitioner to file a representation before the Superintendent of
Police, Kekdi, District Kekdi, Rajasthan. The concerned
Superintendent of Police is directed to consider and dispose of the
said representation within an upper limit of seven days (from the
date of filing).
7. Accordingly, the present petition is disposed of with the
aforesaid liberty being granted. Pending application(s), if any, shall
stand disposed of.
(SAMEER JAIN),J
DEEPA RANI -23
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