Rajasthan High Court - Jodhpur
Indra Devi vs State Of Rajasthan (2025:Rj-Jd:36293) on 13 August, 2025
[2025:RJ-JD:36293]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 6495/2025
Indra Devi S/o Shri Sohan Singh, Aged About 55 Years, Resident
Of Rawji Ka Badiya, Sunarkudi, P.S. Bhim, District Rajsamand,
Rajasthan.
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Ambalal
For Respondent(s) : Mr. Shri Ram Choudhary, Public
Prosecutor
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
13/08/2025
1. This Criminal Miscellaneous Petition under Section 528 of the
BNSS (corresponding to Section 482 of the Cr.P.C.) has been filed
by the petitioner seeking a direction to the police authorities to
conduct a fair and impartial investigation into the allegations made
in FIR No.117/2025, registered at Police Station Bhim, District
Rajsamand.
2. 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. It is contended that the petitioner may be permitted to
submit her representation before the Superintendent of Police,
Rajsamand and the Superintendent of Police, Rajsamand may be
directed to consider the representation/documents being a
[2025:RJ-JD:36293] (2 of 3) [CRLMP-6495/2025]
bonafide purchaser in light of the judgment rendered by the
Hon'ble Supreme Court in the case of T.T. Antony Vs. State of
Kerala : 2001(6) SCC 181. It is further submitted that the
Superintendent of Police, Rajsamand may be also directed to
investigate the matter in connection with FIR Nos.117/2025 and
119/2025, P.S. Bhim, District Rajsamand.
3. 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 investigation is underway and
law will take its own course.
4. Having heard learned counsel for the petitioner, this Court is
of the opinion that the petitioner can very well approach the
concerned Superintendent of Police seeking fair and impartial
investigation.
5. Hence, this criminal misc. petition is disposed of with liberty
to the petitioner to submit a representation before the
Superintendent of Police, Rajsamand and it is expected that if any
such representation is moved on behalf of the petitioner, the
Superintendent of Police, Rajsamand shall consider the same in
light of the judgment rendered by the Hon'ble Supreme Court in
the case of T.T. Antony Vs. State of Kerala : 2001(6) SCC
181, strictly in accordance with law. The Superintendent of Police,
Rajsamand shall issue certain directions to the Investigating
Officer to investigate the matter in connection with FIR
Nos.117/2025 and 119/2025, P.S. Bhim, District Rajsamand in his
observation.
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6. Pending applications, if any, also stand disposed of.
(MUKESH RAJPUROHIT),J
87-Ramesh/-
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