Rajasthan High Court - Jaipur
Priyanka Sharma D/O Shri Mahendra Kumar ... vs State Of Rajasthan on 8 November, 2019
Author: Pankaj Bhandari
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 6999/2019
Priyanka Sharma D/o Shri Mahendra Kumar Sharma B/c
Brahmin, Aged About 19 Years, R/o Ward No.13, Bagwalon Ka
Mohalla, Reengus, Police Station Reengus, District Sikar, Raj.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp.
2. Director General Of Police, Rajasthan, Jaipur.
3. Superintendent Of Police, Sikar, District Sikar, Raj.
4. Sho Police Station Reengus, District Sikar, Raj.
5. Investigating Officer, Police Station Reengus, District
Sikar, Raj.
----Respondents
For Petitioner(s) : Mr. Sultan Singh Kuri For Respondent(s) : Mr. F.R. Meena, P.P. HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 08/11/2019
1. Petitioner has preferred this Criminal Miscellaneous Petition seeking fair investigation in FIR No.439/2019 registered at Police Station Ringus, District Sikar.
2. From perusal of the record, it is revealed that statement of prosecutrix has been recorded under Section 164 Cr.P.C. Proper course available to the petitioner is to approach the concerned Magistrate and inquire about the progress of the investigation.
3. 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 (Downloaded on 11/11/2019 at 11:12:52 PM) (2 of 2) [CRLMP-6999/2019] 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.
4. In view of the above, I am not inclined to entertain the misc. petition, the same is disposed of. Stay application stands disposed.
5. However, petitioner would be free to approach the concerned Magistrate to inquire about the filing of the report.
(PANKAJ BHANDARI),J Simple Kumawat /97 (Downloaded on 11/11/2019 at 11:12:52 PM) Powered by TCPDF (www.tcpdf.org)