Rajkumar Saini vs State Of Rajasthan
2024 Latest Caselaw 7564 Raj

Rajasthan High Court - Jodhpur

Rajkumar Saini vs State Of Rajasthan on 2 September, 2024

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
                 S.B. Criminal Misc(Pet.) No. 5436/2024

Rajkumar Saini S/o Sh. Surja Ram Saini, Aged About 23 Years,
R/o 6Z, Purani Abadi, Sri Ganganagar.
                                                                          ----Petitioner
                                          Versus
1.      State Of Rajasthan, Through Pp
2.      The Superintendent Of Police, Sri Ganganagar
3.      The      Station       House       Officer,      Ps     Purani     Abadi,      Sri
        Ganganagar.
4.      Dilbagh Singh S/o Malkeet Singh, R/o Gulabi Bagh, Purani
        Abadi, Sri Ganganagar.
5.      Subhash Soni S/o Kashichand, R/o Gulabi Bagh, Purani
        Abadi, Sri Ganganagar.
6.      Mamta Soni S/o Toni Soni, R/o Greni Velly, Padampur
        Road, Purani Abadi, Sri Ganganagar.
                                                                       ----Respondents


For Petitioner(s)               :    Mr. Awar Dan Ujjwal.
For Respondent(s)               :    Ms. Sonu Manawat, P.P.


         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.371/2019 dated

19.11.2019, registered under Sections 406, 420, 467, 468, 471

and 120-B of IPC, at Police Station Purani Abadi, District Sri

Ganganagar.

2. Heard.

3. Learned counsel for the petitioner argues that the

investigating agency is not proceeding in a fair and just manner

(2 of 2) [CRLMP-5436/2024]

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

take its own course. He submits so far no evidence of the kind has

come forth so as to file any charge-sheet.

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 157-Sumit/-

1 2008 (2) SCC 409

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