Citation : 2025 Latest Caselaw 13219 Raj
Judgement Date : 15 September, 2025
[2025:RJ-JD:41098]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 6412/2025
Narsi Ram S/o Shri Pancha Ram, Aged About 35 Years, R/o
Hadman Sagar, Matora, District Phalodi, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Director General Of Police, Jaipur, Rajasthan.
3. Inspector General Of Police, Jodhpur Range, Jodhpur,
Rajasthan.
4. Superintendent Of Police, Phalodi, Rajasthan.
5. The Station House Officer, Police Station Matora District
Phalodi, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Naman Mohnot
For Respondent(s) : Mr. Shri Ram Choudhary, PP
Mr. Daud Khan, SI, P.S. Matoda,
District Phalodi, Investigating Officer
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
15/09/2025
Learned counsel for the petitioner submits that in spite of the
efforts, the Investigating Officer is not registering the FIR. He
relied upon the judgment of the Hon'ble Supreme Court in the
case of Sindhu Janak Nagargoje Vs. The State of
Maharashtra & Ors. reported in 2023 Live Law (SC) 639
wherein the law laid down by the Hon'ble Supreme Court that
registration of FIR is mandatory, if the information discloses the
commission of a non-cognizable offence.
(Uploaded on 15/09/2025 at 06:34:00 PM)
[2025:RJ-JD:41098] (2 of 3) [CRLMP-6412/2025]
Mr. Daud Khan, SI, P.S. Matoda, District Phalodi, the
Investigating Officer present before this Court.
The Investigating Officer and the learned Public Prosecutor
submit that the investigation is in process and as per the report
submitted by the medical expert, the cause of death of Jamal S/o
Pancharam Mirashi by postmortem examination is asphyxia due to
antemortem hanging.
After arguing for some time, learned counsel seeks a liberty
for the petitioner to submit a representation along with
photographs/documents to the concerned Superintendent of Police
with appropriate directions to consider the documents and decide
the representation and issue necessary instructions to the
concerned Investigating Officer.
Accordingly, the instant criminal misc. petition is disposed of
with a liberty to the petitioner to submit a detailed representation
along with photographs/documents to the concerned
Superintendent of Police averring therein all the grounds which
have been raised in this petition within a period of 10 days from
the date of receipt of a copy of this order.
In the event, the representation is submitted, the concerned
Superintendent of Police is directed to minutely and objectively
consider the contents of the same and thereafter, issue necessary
instructions to the Investigating Officer. All the relevant
documents with the representation shall also be taken into
consideration. The representation shall be decided within a period
of 30 days from the date of receipt of the same.
(Uploaded on 15/09/2025 at 06:34:00 PM)
[2025:RJ-JD:41098] (3 of 3) [CRLMP-6412/2025]
Stay petition also stands dismissed.
(MUKESH RAJPUROHIT),J 480-Ramesh/-
(Uploaded on 15/09/2025 at 06:34:00 PM)
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