Santosh vs State Of Rajasthan (2024:Rj-Jd:36204)
2024 Latest Caselaw 7555 Raj

Rajasthan High Court - Jodhpur

Santosh vs State Of Rajasthan (2024:Rj-Jd:36204) on 2 September, 2024

[2024:RJ-JD:36204]

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
                 S.B. Criminal Misc(Pet.) No. 5827/2024

Santosh D/o Amarchand, Aged About 33 Years, R/o Bera Matawa
Manda, Tehsil Marwar Junction, Sojat Road, District Pali.
                                                                            ----Petitioner
                                            Versus
1.       State Of Rajasthan, Through Pp
2.       The Station House Officer, Police Station Sojat Road,
         District Pali
3.       The Superintendent Of Police, Pali.
                                                                         ----Respondents


For Petitioner(s)                 :    Mr. Nishant Bora.
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.107/2024 dated

26.06.2024, registered under Sections 342, 323 & 143 of IPC, at

Police Station Sojat Road, District Pali.

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:36204] (2 of 2) [CRLMP-5827/2024]

opposes the petition arguing that once FIR was registered, 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 of Cr.P.C. If the grievance remains

unaddressed, one can then approach a Magistrate of competent

jurisdiction under Section 156(3) of 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 83-/Jitender//-

                                   Whether fit for reporting-   Yes      /      No




                                   1    2008 (2) SCC 409






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