Kamlendra Doshi vs State Of Rajasthan (2024:Rj-Jd:36524)
2024 Latest Caselaw 7675 Raj

Rajasthan High Court - Jodhpur

Kamlendra Doshi vs State Of Rajasthan (2024:Rj-Jd:36524) on 3 September, 2024

[2024:RJ-JD:36524]

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
                 S.B. Criminal Misc(Pet.) No. 5933/2024

Kamlendra Doshi S/o Prithvi Raj Doshi, Aged About 66 Years, R/o
Ward No. 28, New Colony, Infront Of Head Post Office, P.s.
Kotwali, Dungarpur
                                                                            ----Petitioner
                                            Versus
1.       State Of Rajasthan, Through Secretary, Department Of
         Home, Govt. Of Rajasthan, Jaipur
2.       Inspector General Of Police, Udaipur Range, Udaipur
3.       The Superintendent Of Police, Dungarpur
4.       Station House Officer, P.s. Kotwali, Dungarpur, Dist.
         Dungarpur
                                                                         ----Respondents


For Petitioner(s)                 :    Mr. Rakesh Matoria
For Respondent(s)                 :    Ms. Sonu Manawat, P.P.



               HON'BLE MR. JUSTICE ARUN MONGA

Order

03/09/2024

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.0324/2024 dated

09.08.2024, registered under Sections 331(4), 324(2) and 3(5) of

BNS, at Police Station Kotwali, Dungarpur.

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:36524] (2 of 2) [CRLMP-5933/2024]

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 30 Bharatiya Nagarik Suraksha

Sanhita, 2023. If the grievance remains unaddressed, one can

then approach a Magistrate of competent jurisdiction under

Section 175(3) Bharatiya Nagarik Suraksha Sanhita, 2023, 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 69-AnilKC/-

                                   Whether Fit for Reporting -      Yes / No




                                   1    2008 (2) SCC 409






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