Rajasthan High Court - Jaipur
Gopal Puniya vs State Of Raj And Ors on 14 May, 2019
Author: Pankaj Bhandari
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 6672/2017
Gopal Puniya, S/o Shri Raghunath Puniya, aged about 35 years,
by caste Jat, R/o NH-52, Near Saheed Petrol Pump, infront of
Ganpati Dham, Sargoth, Parasrampura, Tehsil Shirmadhopur,
Police Statio Ringus, District Sikar, At present R/o 177, Gangaur
Nagar, Gali NO.3, Shri Ganganagar, Raj.
----Petitioner
Versus
1. State Of Raj, through PP.
2. Director General of Police, Rajasthan, Jaipur,
3. Superintendent of Police, Sikar, District Sikar, Raj.
4. S.H.O. Police Station Ringus, District Sikar, Raj.
----Respondents
For Petitioner(s) : Mr. Ravindra Singh Shekhawat, Mr. Goverdhan Singh Parihar, Mr. Prameshwar Lal Pilania.
For Respondent(s) : Mr. Arvind Bhadu, PP.
HON'BLE MR. JUSTICE PANKAJ BHANDARI Judgment / Order 14/05/2019
1. Petitioner has preferred this Criminal Misc. Petition under Section 482 Cr.P.C. seeking fair and proper investigation in the complaint case No.15/17, pending in the Court of Additional Chief Judicial Magistrate, Ringus, District Sikar.
2. It is contended by counsel for the petitioner that Police had not registered the case, after the same was sent by the Magistrate vide order dated 18.07.2017. A query was made by the Court, as to whether petitioner has approached the Magistrate to which the answer was in negative.
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3. The Apex Court in "Sakri Vasu vs. State of U.P. & Ors, AIR 2008 SC Page 907" has held that the Magistrate has the powers to direct the registration of an FIR and to ensure a proper investigation and High Courts should discourage the practice of filing a Writ Petition or Petition under Section 482 Cr.P.C. simply because a person has a grievance that his FIR has not been registered by the Police or after being registered, proper investigation has not been done by the Police.
4. In the Order dated 18.07.2017, it is specifically mentioned that the complaint is being referred to the Police Station to conclude the investigation and submit the report before the Court by 21.08.2017, counsel for the petitioner contends that no report has been submitted before the Magistrate.
5. The proper course available to the petitioner is to approach the concerned Magistrate, hence, I am not inclined to entertain the Criminal Misc. Petition.
6. The Criminal Misc. Petition is accordingly dismissed. Stay application stands disposed.
7. However, petitioner would be free to approach the concerned Magistrate and enquire about the progress of the investigation.
(PANKAJ BHANDARI),J CHANDAN /52 (Downloaded on 29/06/2019 at 01:07:48 AM) Powered by TCPDF (www.tcpdf.org)