Rajasthan High Court - Jodhpur
Jitudan vs State Of Rajasthan (2024:Rj-Jd:32790) on 6 August, 2024
[2024:RJ-JD:32790]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 5229/2024
Jitudan S/o Sh. Hema Ji Charan, Aged About 54 Years, R/o
Manak Nagar, Gangapur Bhilwara (Raj)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Superintendent Of Police, Bhilwara.
3. The Sho, Police Station Gangapur, District Bhilwara.
----Respondents
For Petitioner(s) : Mr. Mahipal Singh.
For Respondent(s) : Mr. S.S. Rajpurohit, P.P.
HON'BLE MR. JUSTICE ARUN MONGA
Order 06/08/2024
1. Aggrieved against the inaction of police officials, the petitioner seeks direction to the respondents to conduct a fair investigation in FIR No.4/2023 dated 03.01.2023, registered for the offences under Sections 464, 468, 471, 201, 120-B 465, 196, 218, & 219 IPC at P.S. Gangapur, Bhilwara.
2. Heard.
3. Learned counsel for the petitioner argues that the police is not conducting the investigation in impartial manner. Hence, this petition.
4. Learned Public Prosecutor appears on service of advance copy of petition and accepts notice on behalf of State of Rajasthan. He opposes the petition arguing that once FIR was registered, law will take its own course.
5. Be that as it may, in my opinion, the petitioner ought to have availed other available legal remedies for redressal of his grievance, before directly approaching this Court. Ordinarily, in (Downloaded on 23/08/2024 at 09:15:13 PM) [2024:RJ-JD:32790] (2 of 2) [CRLMP-5229/2024] case of a grievance arising out of unfair or improper investigation of an FIR, the aggrieved person can seek recourse to remedy of approaching police officer superior in rank as per Section 36 Cr.P.C. Not only that, an aggrieved party can even choose to file a criminal before the competent court, if so advised. Reference may be had to Apex Court judgment in Sakiri Vasu Vs. State of U.P. and others [(2008) 2 SCC 409].
5. In the premise, no grounds to interfere. Instant petition is disposed of with liberty to approach the appropriate forum for redressal of grievance, as aforesaid.
6. Pending application(s), if any, shall also stand disposed of.
(ARUN MONGA),J 94-a.asopa/-
(Downloaded on 23/08/2024 at 09:15:13 PM) Powered by TCPDF (www.tcpdf.org)