Rajasthan High Court - Jodhpur
Dharam Singh vs State on 2 July, 2019
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 1179/2019
Dharam Singh S/o Sh. Gemar Singh, Aged About 43 Years, R/o
Jogiyon Ki Dari , Behind Kailash International Hotel , Barmer
(Raj.)
----Petitioner
Versus
1. State, Through Pp
2. The Secretary, Home (Gr-5) Department , Govt. Of
Rajasthan , Jaipur
3. Inspector General Of Police Range, Jodhpur
4. Superintendent Of Police, Crime Investigation
Department, Crime Branch (CID-CB) , Jodhpur
5. Superintendent Of Police, Barmer.
6. S.H.O., Police Station Kotwali, Dist. Barmer, Rajasthan.
7. Shri Sunil Bishnoi, Investigating Officer And Police
Inspector, CID (CB), Range Jodhpur.
8. Prakash Chand Jain (Lunia) S/o Shri Surtan Mal Jain, R/o
Kalyanpura Marg No. 2, P.S. Kotwali, Barmer.
9. Nirmala W/o Prakash Chand Jain, R/o Kalyanpura Marg
No. 2, P.s.kotwali, Barmer
10. Sampat Raj Jain S/o Rana Mal Jain, R/o Kalyanpura Marg
No. 2, P.s. Kotwali, Barmer.
11. Puroshottam Das S/o Chand Mal Jain, R/o Opposite Co-
Operative Society, Chohatan Road, Barmer.
12. Prakash Chand S/o Ranmal Jain (Mehta), R/o Near Gadra
Circle, P.s. Kotwali, Barmer.
----Respondents
For Petitioner : Mr. Sravan Sainee
For Respondents : Mr. Gaurav Singh, PP
Mr. Farzand Ali, GA Cum AAG
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 02/07/2019 (Downloaded on 03/07/2019 at 10:09:05 PM) (2 of 3) [CRLMP-1179/2019]
1. The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. seeking fair investigation in FIR No.378/2017 registered at Police Station Kotwali, District Barmer for the offences under Sections 420, 467, 468, 471 and 120-B of IPC.
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, 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.
4. It is informed by learned Additional Advocate General that the matter is investigated by an officer of the rank of Inspector in CID-CB Jodhpur Zone.
5. In these circumstances, the present misc. petition is disposed of with a direction that the petitioner will appear before the Superintendent of Police (CID-CB), Jodhpur and submit all the (Downloaded on 03/07/2019 at 10:09:05 PM) (3 of 3) [CRLMP-1179/2019] relevant documents along with a representation. It is also directed that the matter should be investigated by the Officer not below the rank of Deputy Superintendent of Police (CID/CB). It is expected that the grievance of the petitioner will be redressed by the concerned Investigating Officer in its true letter and spirit.
(VINIT KUMAR MATHUR),J 33-SanjayS/-
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