Santosh Dudi vs State Of Rajasthan (2024:Rj-Jd:36378)
2024 Latest Caselaw 7593 Raj

Rajasthan High Court - Jodhpur

Santosh Dudi vs State Of Rajasthan (2024:Rj-Jd:36378) on 2 September, 2024

[2024:RJ-JD:36378]

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
                 S.B. Criminal Misc(Pet.) No. 5916/2024

Santosh Dudi D/o Sh. Ramlal Dudi, Aged About 40 Years, R/o S-
0148, Ashiyana Amarbagh, Vivek Vihar, Jodhpur City (West),
Raj.
                                                                         ----Petitioner
                                         Versus
1.       State Of Rajasthan, Through Pp
2.       The Commissioner Of Police, Jodhpur Metro, Raj.
3.       The Superintendent Of Police, Jodhpur Metro, Raj.
4.       The Sho, Ps Mahila Thana, Dist. Jodhpur West.
                                                                      ----Respondents


For Petitioner(s)              :    Mr. Venkat Poonia for Mr. Vivek Firoda
For Respondent(s)              :    Mr. Vikram Rajpurohit, 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.0205/2023 dated

19.09.2023, registered under Sections 498-A, 406, 323 and 354

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.

[2024:RJ-JD:36378] (2 of 2) [CRLMP-5916/2024]

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.

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 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.

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 140-AnilKC/-

                                   Whether Fit for Reporting -            Yes / No




                                   1    2008 (2) SCC 409






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