Rajasthan High Court - Jodhpur
Neelam Bishnoi vs State Of Rajasthan (2025:Rj-Jd:2536) on 13 January, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:2536]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 17/2024
Neelam Bishnoi D/o Shri Ramniwas Ji Bishnoi, Aged About 32
Years, R/o 78, Daulat Nagar, Sogawas, Tehsil Merta City, Dist.
Nagaur (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Narendra S/o Omprakash, R/o Village Lamba Bishnoiya,
Tehsil Bilara, Dist. Jodhpur (Raj.).
3. Om Prakash S/o Kishnaram, R/o Village Lamba Bishnoiya,
Tehsil Bilara, Dist. Jodhpur (Raj.).
4. Surendra S/o Omprakash, R/o Village Lamba Bishnoiya,
Tehsil Bilara, Dist. Jodhpur (Raj.).
5. Priyadarshini D/o Omprakash, R/o Village Lamba
Bishnoiya, Tehsil Bilara, Dist. Jodhpur (Raj.).
6. Kiran Devi W/o Omprakash, R/o Village Lamba Bishnoiya,
Tehsil Bilara, Dist. Jodhpur (Raj.).
7. Maniram S/o Kishnaram, R/o Village Lamba Bishnoiya,
Tehsil Bilara, Dist. Jodhpur (Raj.).
8. Prakash S/o Mahiram, R/o Village Lamba Bishnoiya, Tehsil
Bilara, Dist. Jodhpur (Raj.).
----Respondents
CONNECTED WITH
S.B. Criminal Misc(Pet.) No. 1089/2024
1. Om Prakash S/o Kisnaram, Aged About 55 Years, R/o
Village Lamba Tehsil Bilara Dist Jodhpur
2. Surendra S/o Omprakash, Aged About 28 Years, R/o
Village Lamba Tehsil Bilara Dist Jodhpur
3. Priyadarshini S/o Om Prakash, Aged About 31 Years, R/o
Village Lamba Tehsil Bilara Dist Jodhpur
4. Kiran Devi W/o Om Prakash, Aged About 1 Years, R/o
Village Lamba Tehsil Bilara Dist Jodhpur
5. Maniram S/o Kishnaram, Aged About 60 Years, R/o
Village Lamba Tehsil Bilara Dist Jodhpur
(Downloaded on 16/01/2025 at 09:31:40 PM)
[2025:RJ-JD:2536] (2 of 4) [CRLMP-17/2024]
6. Prakash S/o Mahiram, Aged About 35 Years, R/o Village
Lamba Tehsil Bilara Dist Jodhpur
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Neelam Bishnoi D/o Ram Niwas W/o Narendra, R/o 78
Daulat Nagar Sogawas Tehsil Merta City Dist Nagaur
----Respondents
For Petitioner/Respondent : Mr. O.P. Joshi
(Neelam Bishnoi)
For Respondents/Petitioners : Mr. Ram Niwas
(Narendra & Ors.)
(Om Prakash & Ors.)
For Respondent-State : Mr. Shriram Choudhary, AGA
Mr. Lalit Kishore Sain, Dy.GA
HON'BLE MR. JUSTICE FARJAND ALI
Order
13/01/2025
In SBCRLMP No.17/2024 :
1. This criminal misc. petition has been filed under Section 482
Cr.P.C. praying that a direction be issued to the respondents to
conduct fair, proper, impartial and expeditious investigation in case
arising out of FIR No.245/2023 registered at Police Station Merta
City, District Nagaur for the offences under Sections 498-A, 406,
323, 420 of IPC.
2. Learned counsel for the petitioner submits that despite
disclosing commission of cognizable offence no heed is being paid
by the Investigating Agency as till date no effective action has
[2025:RJ-JD:2536] (3 of 4) [CRLMP-17/2024]
been taken under the influence of the accused party. He seeks fair,
impartial and expeditious investigation in this matter.
3. Seeking fair impartial and expeditious investigation is a
fundamental right of a person, be he a complainant/victim or the
accused.
4. In this view of the matter, it is directed that the
complainant-petitioner shall submit a representation to the
concerned Superintendent of Police along with all documents on
which she places reliance. The concerned Superintendent of Police
is expected to go through the contents of the FIR, the statements
of the complainant-petitioner minutely along with the averments
made in the representation and shall instruct the Investigating
Officer of this case to conduct fair and impartial investigation and
submit the result of the investigation as expeditiously as possible.
If any individual is found to be an accused, he/she shall be booked
and charge-sheeted at the earliest and no accused person, against
whom material has been brought on record, shall not be left out.
5. Accordingly, the criminal misc. petition as well as stay
petition are disposed of.
In SBCRLMP No.1089/2024 :
1. By way of this criminal misc. petition filed under Section
482 of Cr.P.C., the petitioners seeking quashing of the FIR
No.245/2023 registered at Police Station Merta City, District
Nagaur for the offences under Sections 498-A, 406, 323, 420 of
IPC.
2. Heard learned counsel for the parties and gone through
the material as made available to this Court.
[2025:RJ-JD:2536] (4 of 4) [CRLMP-17/2024]
3. The petitioner No.1 is the father-in-law, petitioner No.2 is
the brother-in-law, petitioner No.3 is the sister-in-law, petitioner
No.4 is the mother-in-law, petitioner No.5 is the cousin uncle-in-
law and the petitioner No.6 is the cousin brother-in-law of the
complainant-respondent No.2.
4. In this view of the matter, it is felt apt to direct the
concerned Superintendent of Police to minutely go through the
material as has been collected by the Investigating Officer till date
and whereafter the case shall be examined in the light of
judgment rendered by Hon'ble the Supreme Court in the case of
Priti Gupta & Anr. Vs. State of Jharkhand reported in (2010)
7 SCC 667. No innocent person shall be booked for an offence not
committed by him/her. If any of the offence is made out still
whereafter, a direction shall be issued to the Investigating Officer
to follow the guidelines enunciated by Hon'ble the Supreme Court
in the case of Arnesh Kumar Vs. State of Bihar reported in AIR
2014 SC 2756.
5. Needless to say, the concerned Superintendent of Police
shall ensure that the investigation is conducted fairly and
impartially.
6. With these observations and directions, this criminal misc.
petition as well as stay petition are disposed of.
(FARJAND ALI),J
Abhishek Kumar
S.Nos.17-18
Powered by TCPDF (www.tcpdf.org)
