Kanya Devi vs State Of Rajasthan (2024:Rj-Jd:36664)
2024 Latest Caselaw 7676 Raj

Rajasthan High Court - Jodhpur

Kanya Devi vs State Of Rajasthan (2024:Rj-Jd:36664) on 3 September, 2024

[2024:RJ-JD:36664]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Criminal Misc(Pet.) No. 5925/2024

Kanya Devi W/o Lal Giri, Aged About 45 Years, R/o Banseen, P.s.
Samdari, Dist. Balotra,raj.
                                                                            ----Petitioner
                                            Versus
1.       State Of Rajasthan, Through Pp
2.       The Inspector General Of Police, Jodhpur,raj.
3.       The Superintendent Of Police, Balotra,raj.
4.       The Station House Officer, P.s. Samdari, Dsit. Balotra,raj.
5.       Amar Singh S/o Rajendra Singh, R/o Banseen, P.s.
         Samdari, Dist. Balotra,raj.
6.       Rajendra Singh S/o Madhu Singh, R/o Banseen, P.s.
         Samdari, Dist. Balotra,raj.
                                                                         ----Respondents


For Petitioner(s)                 :    Mr. Akash Goyal
For Respondent(s)                 :    Mr. Ram Choudhary, 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.0155/2024 dated

07.08.2024, registered under Sections 126(2), 115(2), 74, 79 and

333 of BNS, at Police Station Samdari, Balotra.

2. Heard.

3. Learned counsel for the petitioner argues that the

investigating agency is not proceeding in a fair and just manner

[2024:RJ-JD:36664] (2 of 2) [CRLMP-5925/2024]

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.

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 117-AnilKC/-

1 2008 (2) SCC 409

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