Kanta @ Varsha vs State Of Rajasthan (2024:Rj-Jd:36178)
2024 Latest Caselaw 7552 Raj

Rajasthan High Court - Jodhpur

Kanta @ Varsha vs State Of Rajasthan (2024:Rj-Jd:36178) on 2 September, 2024

[2024:RJ-JD:36178]

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
                 S.B. Criminal Misc(Pet.) No. 5453/2024

Kanta @ Varsha W/o Shri Hitesh Soni, Aged About 30 Years, D/o
Shri Aaidan Soni, R/o Village Nachana, District Jaisalmer At
Present Sector 6, Kudi Bhagtasani, Jodhpur.
                                                                            ----Petitioner
                                            Versus
State Of Rajasthan, Through Pp
                                                                          ----Respondent


For Petitioner(s)                 :    Mr. L.D. Khatri
                                       Mr. Chirag Khatri
For Respondent(s)                 :    Ms. Sonu Manawat, PP



                HON'BLE MR. JUSTICE ARUN MONGA

Order

02/09/2024

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.0078/2024 dated

03.06.2024, registered under Sections 498-A, 406 and 323 of IPC

at Police Station Mahila Thana, Jodhpur City West.

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

[2024:RJ-JD:36178] (2 of 2) [CRLMP-5453/2024]

opposes the petition arguing that investigation is underway and

law will take its own course.

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 Cr.P.C. If the grievance remains

unaddressed, one can then approach a Magistrate of competent

jurisdiction under Section 156(3) Cr.P.C., 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 72-DhananjayS/-

1 2008 (2) SCC 409

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