Rajasthan High Court - Jodhpur
Jarnail Singh vs State & Ors on 14 November, 2017
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 3405 / 2017
Jarnail Singh S/o Labh Singh, B/c Jat Sikh, R/o 2 P.S. Tehsil
Padampur, District Sri Ganganagar, At Present R/o 2-G-5,
Sadbhawana Nagar, Sri Ganganagar.
----Petitioner
Versus
1. State of Rajasthan Through Public Prosecutor
2. Karnail Singh S/o Labh Singh, B/c Jat Sikh, R/o 2 P.S. Tehsil
Padampur, District Sri Ganganagar.
3. Narendra Pal S/o Kulwant Singh, B/c Jat Sikh, R/o 3 P.S. Tehsil
Raisinghnagar, District Sri Ganganagar.
4. Devendrajeet Singh S/o Jaswant Singh, B/c Jat Sikh, R/o 2 P.S.
Dhani, Tehsil Padampur, District Sri Ganganagar.
5. Jaswant Singh S/o Lagh Singh, B/c Jat Sikh, R/o 2 P.S. Dhani,
Tehsil Padampur, District Sri Ganganagar.
6. Krishnalal Stamp Vendor, Court Campus, Raisinghnagar, District
Sriganganagar.
7. Meetpal Singh, Deed Writer, B/c Ramdhari, Tehsil Campus,
Raisinghnagar, District Sriganganagar.
8. Budhra, Advocate and Notary Public, Court Campus,
Raisinghnagar, District Sriganganagar.
9. Swarnjeet Singh S/o Labh Singh, B/c Jat Sikh, R/o 2 P.S. Dhani,
Tehsil Padampur, District Sri Ganganagar.
10. Gagan Deep Singh S/o Karnail Singh, B/c Jat Sikh, R/o 2 P.S.
Dhani, Tehsil Padampur, District Sri Ganganagar.
----Respondents
_____________________________________________________
For Petitioner(s) :Mr. Mahipal Singh
For Respondent(s) :Mr. MS Panwar, PP
Mr. Joggendra Singh
_____________________________________________________
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order (2 of 3) 14/11/2017
1. Petitioner has preferred this misc. petition under Section 482 of Cr.P.C. seeking appropriate directions for fair and further investigation in FIR No.06/2012 P.S. Padampur, District Sri Ganganagar for the offence under Sections 255, 420, 467, 468, 471, 474 & 120-B of IPC lodged by the petitioner against the respondents No. 2 to 10.
2. In Manoj Kumaria Shankaria Vs. State of Rajasthan & Anr., 2014(3) Raj.CriC 965, Narayan Singh Vs. State of Rajasthan & Anr., 2013(1) Cri.L.R.264 and Aziza Begum Vs. State of Maharashtra & Anr., 2012(1) RLW 835, wherein the Hon'ble Apex Court has held that a fair and proper investigation is always conducive to the ends of justice and for establishing rule of law.
3. In Shyam Singh Vs. State of Rajasthan & Anr., 2015(3) Cri.L.R. 1375 and Gopal Nath Vs. State of Rajasthan & Anr., 2015(4) Cri.L.R. 1617 also the petitioner therein was permitted to submit a representation before the investigating officer and the investigating officer was directed to consider the documents before forming any opinion.
4. Learned Public Prosecutor assures this Court that fair and transparent investigation shall be made, and in case the petitioner submits a representation alongwith all the relevant documents before the Superintendent of Police, Sri Ganganagar (3 of 3) within a period of 10 days from today, then the same shall be considered at the time of investigation.
5. In light of the aforesaid precedent law and perusal of the states report and the facts mentioned in the petition as well as the assurance given by the learned Public Prosecutor, the present misc. petition is disposed of with a direction to the Superintendent of Police, Sri Ganganagar to consider the representation alongwith all the relevant documents, if submitted by the petitioner within a period of 10 days from today, and conduct fair investigation, strictly in accordance with law.
(DR. PUSHPENDRA SINGH BHATI)J. sudheer