Laxmi Devi Soni vs State Of Rajasthan (2024:Rj-Jd:38428)
2024 Latest Caselaw 8151 Raj

Rajasthan High Court - Jodhpur

Laxmi Devi Soni vs State Of Rajasthan (2024:Rj-Jd:38428) on 18 September, 2024

[2024:RJ-JD:38428]

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
                 S.B. Criminal Misc(Pet.) No. 2130/2024

Laxmi Devi Soni W/o Mahesh Pratap Soni, Aged About 32 Years,
R/o     Ward     No.    26,        Raisingh      Nagar,       Anoopgarh,        District
Anoopgarh.
                                                                        ----Petitioner
                                         Versus
1.       State Of Rajasthan, Through Pp
2.       The Superintendent Of Police, Anoopgarh
3.       The     Station    House        Officer,     Raisingh        Nagar,    District
         Anoopgarh.
                                                                     ----Respondents


For Petitioner(s)              :    Mr. R.K. Soni
For Respondent(s)              :    Mr. Vikram Rajpurohit, PP
                                    with Mr. R.S. Bhati



                HON'BLE MR. JUSTICE ARUN MONGA

Order

18/09/2024

1. Dissatisfied with the manner of investigation in FIR

No.253/2023, dated 23.08.2023 registered at Police Station

Raisingh Nagar, Distt. Anoopgarh under Sections 307, 323, 325

and 342 of IPC, the petitioner has preferred the present petition.

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.

3. Whereas, 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 matter is at

[2024:RJ-JD:38428] (2 of 2) [CRLMP-2130/2024]

investigation stage and law will take its own course. He submits

that no incriminating material of the kind has been found so far so

as to file any charge-sheet.

4. 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. (now Section 30 BNSS). If

the grievance remains unaddressed, one can then approach a

Magistrate of competent jurisdiction under Section 156(3) Cr.P.C.

(now Section 175(3) BNSS), 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 68-skm/-

1 2008 (2) SCC 409

Powered by TCPDF (www.tcpdf.org)