Rajasthan High Court - Jaipur
Danish Ali S/O Tarik Ali vs State Of Rajasthan on 20 January, 2022
Author: Farjand Ali
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 6704/2021
1. Danish Ali S/o Tarik Ali, R/o Vaisali Nagar, Rabupura,
Police Station Rabupura, District Gautambudh Nagar
(Utter Pradesh).
2. Tarik Ali S/o Irsad Ali, R/o Vaisali Nagar, Rabupura, Police
Station Rabupura, District Gautambudh Nagar (Utter
Pradesh).
3. Sahana W/o Tarik Ali, R/o Vaishali Nagar, Rabupura, Police
Station Rabupura, District Gautambudh Nagar (Utter
Pradesh).
4. Jahir Ali S/o Irsad Ali, R/o Laxmanganj, Police Station
Chandosi, District Sambhal (Utter Pradesh).
5. Shadab W/o Jahir Ali, R/o Laxmanganj, Police Station
Chandosi, District Sambhal (Utter Pradesh).
6. Firoj S/o Afshar Ali, R/o Laxmanganj, Police Station
Chandosi, District Sambhal (Utter Pradesh).
7. Vakar S/o Idrish, R/o Village Hariyana, Tehsil Hasanpur,
District Amroha (Utter Pradesh).
----Petitioners
Versus
1. State Of Rajasthan, Through Public Prosecutor
2. Victim, D/o Mohammad Salim, W/o Danish Ali, R/o Vaishali Nagar, Rabupura, Police Station Rabupur, District Gautambudh Nagar, Uttar Pradesh, at present R/o Railway Station Road, Nagar, Police Station Nagar, Distt. Bharatpur, Rajasthan
----Respondents For Petitioner(s) : Mr. Arun Singh Shekhawat through VC For Respondent(s) : Mr. F.R. Meena, PP Mr. Ankit Khandelwal through VC HON'BLE MR. JUSTICE FARJAND ALI Order 20/01/2022 (Downloaded on 24/12/2022 at 10:21:24 AM) (2 of 2) [CRLMP-6704/2021] The instant miscellaneous petition has been preferred on behalf of the accused-petitioners seeking quashing of FIR No. 433/2021 registered at Police Station Nagar, District Bharatpur for the offence under Sections 376-D, 406, 498-A & 120B IPC.
Heard learned counsel for the petitioners and learned Public Prosecutor as well as learned counsel for the complainant- respondent.
Perused the FIR impugned and the factual report of the investigation. A bare perusal of the FIR reveals commission of a cognizable offence whether allegations leveled in the FIR are false or true would surely be a subject of the investigation, which is to be undertaken by the Police Authority.
As far as the grief of the petitioners regarding fair and impartial investigation, it is deemed appropriate to direct the petitioners to move a representation to the Superintendent of Police, Bharatpur averring therein all the submissions/grounds which have been raised here in this petition.
The concerned Superintendent of Police shall consider the submissions/grounds and then direct the Investigating Officer of this case to conduct investigation fairly, impartially and expeditiously. The Superintendent of Police shall personally supervise the investigation more particularly in connection of commission of rape.
Accordingly, the miscellaneous petition is disposed of. The stay application also stands disposed of.
(FARJAND ALI),J SAHIL SONI /47 (Downloaded on 24/12/2022 at 10:21:24 AM) Powered by TCPDF (www.tcpdf.org)