Rajasthan High Court - Jodhpur
Mukesh Kumar vs State Of Rajasthan on 7 December, 2021
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 6046/2021
Mukesh Kumar S/o Madan Lal Nat, Aged About 32 Years, R/o
Raniwara, Dist. Jalore (Raj.).
----Petitioner
Versus
1. State of Rajasthan, Through PP
2. Superintendent of Police, Jalore.
3. S.H.O. Police Station, Raniwara, Distt. Jalore.
4. Chhaill Singh S/o Aje Singh Rajput, R/o Raniwara, Dist.
Jalore.
5. Shrawan Kumar S/o Jawana Ram Mali, Aged About 50
Years, R/o Raniwara, Distt. Jalore.
6. Okh Singh S/o Vane Singh, Aged About 21 Years, B/c
Rajput, R/o Tehsil Raniwara, Distt. Jalore.
7. Vardha Ram S/o Moti Dewasi, Aged About 30 Years, R/o
Dewasi, Teh. Raniwara, Dist. Jalore.
----Respondents
For Petitioner(s) : Mr. Ram Prasad Singaria
For Respondent(s) : Mr. S.K. Bhati, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Judgment 07/12/2021 The present petition has been filed with the following reliefs:-
"(i) The investigation officer in FIR No. 239/2021 registered at the Police Station Raniwada, Distt.
Jalore may kindly be summoned immediately and directed to conduct free and fair investigation in the matter;
(ii) The entire investigation may kindly be made under the supervision of Superintendent of Police, (Downloaded on 07/12/2021 at 08:59:35 PM) (2 of 3) [CRLMP-6046/2021] Jalore and fair investigation may be ordered to be conducted in the FIR No. 239/2021 registered at the Police Station Raniwada, Distt. Jalore and the investigation be handed over to another police station.
(iii) FIR No. 240/2021, 241/2021 and 242/2021 registered at Police Station- Raniwara, District Jalore, may kindly be quashed and set aside." The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. seeking fair investigation in FIR No.239/2021 registered at Police Station Raniwada, District Jalore for the offences under Sections 341, 323, 327 of IPC and Section 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act.
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.
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, relying upon the judgment of Hon'ble Supreme Court in the case of Arnesh Kumar V/s State of Bihar & Anr., reported in (2014) 8 SCC 273, 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. (Downloaded on 07/12/2021 at 08:59:35 PM)
(3 of 3) [CRLMP-6046/2021] 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, Jalore within a period of ten days from today, then the same shall be considered at the time of investigation.
In light of the aforesaid precedent law 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, Jalore to consider the representation alongwith all the relevant documents, if submitted by the petitioner within a period of ten days from today, and conduct fair investigation, strictly in accordance with law.
(VINIT KUMAR MATHUR),J 214-Shahenshah/-
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