Rajasthan High Court - Jaipur
Madan Son Of Shri Ramkaran vs State Of Rajasthan on 28 February, 2023
Author: Birendra Kumar
Bench: Birendra Kumar
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 1152/2023
Madan Son Of Shri Ramkaran, Aged About 35 Years, Resident Of
Village Vajirabad, Tehsil And District Tonk Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through P.p.
2. The Superintendent Of Police, District Tonk.
3. The Station House Officer, Police Station Kotwali, District
Tonk
4. Mamta Jat D/o Shri Ramjeewan Jat, R/o 9Th Rac, Tonk
Kotwali Tonk Rajasthan.
----Respondents
For Petitioner(s) : Petitioner present in person For Respondent(s) : Mr. Riyasat Ali, PP HON'BLE MR. JUSTICE BIRENDRA KUMAR Order 28/02/2023 Heard the parties.
The petitioner has approached this court for issuing direction for fair investigation of FIR No.339/2021 registered with police station Kotwali Tonk for offences under Sections 420, 406, 120-B, 193, 218 and 219 of IPC.
Learned Magistrate has ample powers to monitor fair investigation of a case and The Hon'ble Supreme Court has consistently stated that instead of invoking jurisdiction under Article 226 of The Constitution of India or under Section 482 of Cr.P.C, the aggrieved person should approach the learned (Downloaded on 02/03/2023 at 12:29:08 AM) (2 of 3) [CRLMP-1152/2023] Magistrate itself who has got ample power under Cr.P.C to do the needful.
In Sakiri Vasu Vs. State of U.P. & Ors. reported in AIR 2008 SC 907, the Hon'ble Supreme Court stated in para 27 as follows:-
"27. As we have already observed above, the Magistrate has very wide powers to direct registration of an FIR and to ensure a proper investigation, and for this purpose he can monitor the investigation to ensure that the investigation is done properly (though he cannot investigate himself). The High Court should discourage the practice of filing a writ petition or petition under Section 482 Cr.P.C. simply because a person has a grievance that his FIR has not been registered by the police, or after being registered, proper investigation has not been done by the police. For this grievance, the remedy lies under Sections 36 and 154(3) before the concerned police officers, and if that is of no avail, under Section 156(3) Cr.P.C. before the Magistrate or by filing a criminal complaint under Section 200 Cr.P.C. and not by filing a writ petition or a petition under Section 482, Cr.P.C."
The aforesaid view was reiterated in Sudhir Bhaskarrao Rao Tambe Vs. Hemant Yashwant Dhage and Ors. reported in 2016 (6) SCC 277.
Again in M. Subramaniam and Anr. Vs. S. Janaki and Anr. reported in 2020 (16) SCC 728, a three Judges Bench of Hon'ble Supreme Court reiterated the view taken in Sakiri Vasu (supra).
Considering the fact that the petitioner is not remediless for redressal of his grievance, this court is not inclined to entertain this petition. The petitioner may approach the Magistrate concerned.
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(3 of 3) [CRLMP-1152/2023] With the aforesaid observation, the instant petition stands disposed off.
If the petitioner approaches the Magistrate concerned, the learned Judicial Magistrate shall proceed according to law expeditiously.
(BIRENDRA KUMAR),J ashu /16 (Downloaded on 02/03/2023 at 12:29:08 AM) Powered by TCPDF (www.tcpdf.org)