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Rajasthan High Court - Jaipur

Vimlesh vs State Of Rajasthan And Ors on 17 September, 2016

Author: Mohammad Rafiq

Bench: Mohammad Rafiq

                                                               Crlmp4379/2016
                                 // 1 //

       IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

                             ORDER
                               IN
             S.B. Cr. Misc. Petition No.4379/2016
             (With Stay Application No.4522/2016)

             Vimlesh daughter of Shri Beerbal, by
             caste Gurjar, R/o Village Gopalpura,
             Police   Station   Khandar, District
             Sawaimadhopur, Rajasthan
             ...complainant-petitioner

             Versus

             1.   The State of Rajasthan through
             Public Prosecutor
             2.   The Director General of Police,
             Police Headquarter, Jaipur
             3.   The Superintendent of Police,
             Sawaimadhopur, Rajasthan
             4.   The Dy. Superintendent of Police
             (Rural), Sawaimadhopur, Rajasthan
             5.   The   Station     House Officer,
             Police         Station       Khandar,
             Sawaimadhopur, Rajasthan
             ...Respondents
             6.   Kulfi @ Rajveer S/o Shri Rampal
             Gjurjar, R/o Tilak Nagar, Neemli
             Road, Sawaimadhopur, Rajasthan
             ...Accused-respondents

                  Date of Order :::          17.09.2016

                            Present
              Hon'ble Mr. Justice Mohammad Rafiq


Dr. Mahesh Sharma, counsel for complainant-petitioner
Mr. A.D. Khan, Public Prosecutor,for respondent State
                          ####

By the Court:-

This petition under Section 482 of the Code of Criminal Procedure has been filed by Vimlesh D/o Shri Beerbal, alleging that despite lodgment of F.I.R. No.173/2016, registered at Police Station Khandar, District Sawaimadhopur, for offence under Sections 342, 376-D and 377 of the Indian Penal Code, the police is not making any investigation therein, and prayer is made for a direction to the police authorities to investigate the matter fairly and impartially at the Crlmp4379/2016 // 2 // earliest and to file challan against the accused- respondent. It is contended that despite direction of the Superintendent of Police concerned, the investigation in the matter is not being conducted properly and despite the fact that the investigation is being conducted by an officer of the rank of the Deputy Superintendent of Police, till date neither arrest has been made nor result of investigation has been filed.

Having regard to the nature of case, instead of directly entertaining the petition, the petitioner is set at liberty to approach the Superintendent of Police, Sawaimadhopur (Rajasthan), by way of representation along-with a copy of this order, who may examine the matter and do the needful as warranted in law for effective and expeditious investigation in the matter by a responsible senior police officer in his discretion.

With that liberty, the petition is disposed of. This also disposes of stay application.

(Mohammad Rafiq) J.

//Jaiman//81