Hemlata Vora vs State Of Rajasthan (2024:Rj-Jd:39488)
2024 Latest Caselaw 8415 Raj

Rajasthan High Court - Jodhpur

Hemlata Vora vs State Of Rajasthan (2024:Rj-Jd:39488) on 23 September, 2024

[2024:RJ-JD:39488]

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                           JODHPUR
             S.B. Criminal Misc(Pet.) No. 4014/2023

Hemlata Vora W/o Late Shri Hiralal, Aged About 72 Years, B/c
Vora, R/o Udaipur Road, Pindwara, District Sirohi.
                                                       ----Petitioner
                              Versus
1.     State Of Rajasthan, Through Pp
2.     Director General Of Police, Police Head Quarters Lal Kothi,
       Jaipur.
3.     Inspector General Of Police, Jodhpur Range, Jodhpur.
4.     The Superintendent Of Police, Sirohi.
5.     Sho, Police Station, Pindwara, District Sirohi.
                                                   ----Respondents


For Petitioner(s)                 :    Mr. Hemant Kumar Jain
For Respondent(s)                 :    Mr. Shriram Choudhary, PP


               HON'BLE MR. JUSTICE ARUN MONGA

Order 23/09/2024

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.65/2021 dated 02.02.2021,

registered under Section 379 of IPC, at Police Station Pindwara,

District Sirohi.

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

opposes the petition arguing that once FIR was registered, law will

[2024:RJ-JD:39488] (2 of 2) [CRLMP-4014/2023]

take its own course. So far no incriminating material of the kind

has been unearthed so as to file the charge-sheet, he informs.

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. It transpires that the petitioner has in fact already taken

steps to approach superior police officials by filing appropriate

representative, but no action is being taken on the same. In the

premise, instant petition is disposed of with liberty to approach

the appropriate forum for redressal of grievance, as aforesaid.

Upon doing so, it is expected of the superior officials to look into

the grievance of the petitioner and take appropriate steps if

warranted in accordance with law.

7. Pending application(s), if any, shall also stand disposed of.

(ARUN MONGA),J 75-AnilKC/-

1 2008 (2) SCC 409

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