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Rajasthan High Court - Jaipur

Ali Mohammad S/O Sh. Azan Khan B/C Mev vs State Of Rajasthan on 27 February, 2020

Author: Pankaj Bhandari

Bench: Pankaj Bhandari

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 7119/2019

Ali Mohammad S/o Sh. Azan Khan B/c Mev, Aged About 55
Years, R/o Laharwadi, Police Station Punhana District Mewat,
Haryana.
                                                                   ----Petitioner
                                   Versus
1.      State Of Rajasthan, Through Pp.
2.      The Superintendent Of Police, District Bharatpur, Raj.
3.      The Inspector General Of Police, Bharatpur, Raj.
4.      The Director General Of Police, Jaipur, Raj.
                                                                ----Respondents
For Petitioner(s)        :     Mr. Sanjay Khan
For State                :     Mr. Arvind Bhadu, PP



HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 27/02/2020

1. Petitioner has preferred this Criminal Misc. Petition seeking fair investigation in F.I.R. No.124/2019.

2. Apex Court in "Sakiri Vasu vs. State of U.P. & Ors. AIR 2008 SC Page 907" has held that the Judicial Magistrate has very wide powers to enquire about the investigation and for monitoring the investigation to ensure that the investigation is done properly. Apex Court has further observed that the High Court should discourage the practice of filing Writ Petitions or petitions under Section 482 Cr.P.C. simply because a person has a grievance that investigation has not been done properly by the Police. For this grievance, the remedy lies before the Magistrate concerned.

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(2 of 2) [CRLMP-7119/2019]

3. In view of the same, I do not find any force in the Criminal Misc. Petition and the same is accordingly disposed. Stay application also stands disposed.

4. However, petitioner would be free to approach the Magistrate concerned to inquire about the progress of the investigation.

(PANKAJ BHANDARI),J AMIT KUMAR /11 (Downloaded on 05/03/2020 at 09:16:20 PM) Powered by TCPDF (www.tcpdf.org)