Monika vs State Of Rajasthan (2024:Rj-Jd:38689)
2024 Latest Caselaw 8216 Raj

Rajasthan High Court - Jodhpur

Monika vs State Of Rajasthan (2024:Rj-Jd:38689) on 19 September, 2024

[2024:RJ-JD:38689]

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
                 S.B. Criminal Misc(Pet.) No. 6020/2024

Monika D/o Vikram Sharma, Aged About 32 Years, R/o 07,
Saraswati Vihar, Ward No. 42, P.s. Sadar, Sri Ganganagar, Dist.
Sri Ganganagar,raj.
                                                                            ----Petitioner
                                            Versus
1.       State Of Rajasthan, Through The Secretary, Department
         Of Home, Govt. Secretariat, Jaipur
2.       The Director General Of Police, Govt. Of Rajasthan, Jaipur
3.       The Superintendent Of Police, Sri Ganganagar
4.       The Station House Officer, P.s. Mahila Thana(Ganga
         Nagar), Dist. Sriganganagar
                                                                         ----Respondents


For Petitioner(s)                 :    Mr. Aditya Gupta.
For Respondent(s)                 :    Mr. SR Choudhary, PP.



                HON'BLE MR. JUSTICE ARUN MONGA

Order

19/09/2024

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.93/2023 dated 11.05.2023,

registered at Mahila Police Station, District Sri Ganganagar, for the

offences under Sections 406, 498A, 377 and 354 of IPC.

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:38689] (2 of 2) [CRLMP-6020/2024]

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 of Cr.P.C (now Section 30 of

BNSS). If the grievance remains unaddressed, one can then

approach a Magistrate of competent jurisdiction under Section

156(3) of Cr.P.C. (now Section 175(3) of BNSS), 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 46-/Jitender//-

                                   Whether fit for reporting-   Yes      /      No




                                   1    2008 (2) SCC 409






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