Rakesh Kumar vs State Of Rajasthan (2024:Rj-Jd:36657)
2024 Latest Caselaw 7680 Raj

Rajasthan High Court - Jodhpur

Rakesh Kumar vs State Of Rajasthan (2024:Rj-Jd:36657) on 3 September, 2024

[2024:RJ-JD:36657]

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
                 S.B. Criminal Misc(Pet.) No. 5329/2024

Rakesh Kumar S/o Shishpal, Aged About 22 Years, R/o Modayat
Hal Rd 888, Bhangdasar, Bajju, Dist. Bikaner
                                                                            ----Petitioner
                                            Versus
1.       State Of Rajasthan, Through Pp
2.       Sho, P.s. Bajju, Bikaner
                                                                         ----Respondents


For Petitioner(s)                 :    Mr. Hari Shanker Shrimali
For Respondent(s)                 :    Mr. H.S. Jodha, 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.165/2023 dated

14.09.2023, registered under Sections 323, 341, 382 & 34 of IPC,

at Police Station Bajju, Bikaner.

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:36657] (2 of 2) [CRLMP-5329/2024]

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 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 110-AnilKC/-

                                   Whether Fit for Reporting -            Yes / No




                                   1    2008 (2) SCC 409






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