Rajasthan High Court - Jodhpur
Gotu Singh Rajput vs State Of Rajasthan on 18 December, 2018
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4340/2018
Gotu Singh Rajput S/o Shri Bhanwar Singh, Aged About 32
Years, By Caste Rajput, Resident Of Ward No. 1, Magalpura,
Tehsil And Dist. Bhilwara.
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Urban Improvement Trust, Bhilwara.
----Respondents
For Petitioner(s) : Mr.Rahul Bathi.
For Respondent(s) : Mr.MS Panwar, PP.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 18/12/2018
1. The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. seeking fair investigation in FIR No.166/2018 registered at Police Station Pur, Bhilwara for the offence under Sections 420, 467, 468, 471, 472 & 120B 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 (2 of 2) [CRLMP-4340/2018] Rajasthan & Anr., 2015(4) Cri.L.R. 1617 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. 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, Bhilwara within a period of ten days from today, then the same shall be considered at the time of investigation.
5. 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, Bhilwara 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.
(DR.PUSHPENDRA SINGH BHATI),J 50-SPhophaliya/-
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