Rajasthan High Court - Jodhpur
Prem Kumar vs State Of Rajasthan & Anr. on 27 May, 2015
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
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S.B. CRIMINAL MISC. PETITION NO.1059/2015
Prem Kumar V/S State of Rajasthan & Anr.
Date of Order : 27.05.2015
HON'BLE MR. JUSTICE VIJAY BISHNOI
Mr S.K. Poonai, for petitioner.
Mr Vikram Singh Rajpurohit, Public Prosecutor.
This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner with a prayer for quashing the FIR No.20/2015 dated 07.01.2015 of Police Station, Nohar, District Hanumangarh for the offences punishable under Sections 120-B, 420, 467, 471, 166 and 167 IPC.
Learned counsel for the petitioner has submitted that during the course of investigation the petitioner has submitted several documentary evidence while claiming that the patta issued by the Gram Panchayat in his favour for the disputed plot is genuine. However, the Investigating Officer is not considering the said documentary evidence in right perspective. Learned counsel for the petitioner has prayed that a direction be issued to the Investigating Officer to consider the documentary evidence submitted by the petitioner 2 objectively and conduct the investigation in fair manner.
Learned Public Prosecutor has submitted that if any documentary evidence has been produced by the petitioner before the Investigating Officer during the course of investigation, the same will be taken into consideration by the Investigating Officer and he is obliged to conduct fair investigation.
In view of the above fact situation, no further order is required to be passed in this criminal misc. petition and the same is, therefore, dismissed. However, it is expected that the Investigating Officer will consider the documentary evidence produced by the petitioner during the course of investigation and after considering the same, the Investigating Officer shall conduct the investigation in fair manner.
Stay petition also stands dismissed.
[VIJAY BISHNOI],J.
Abhishek 26