Rajasthan High Court - Jodhpur
Sobha Purohit vs State Of Rajasthan on 7 December, 2021
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
(1 of 3) [CRLMP-6380/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 6380/2021
Sobha Purohit D/o Arjun Singh, Aged About 19 Years, R/o
Modran, Ramsin, Jalore, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Chief Secretary, Ministry Of
Home Affairs, Jaipur (Raj.)
2. National Commission For Women (Ncw), Delhi.
3. Rajasthan State Commission For Women, Jaipur, Lal
Kothi, Gandhi Nagar Mode, Tonk Road, Jaipur, Rajasthan -
302015.
4. Social Justice And Empowerment Department, G-3/1,
Ambedkar Bhawan, Rajmahal Residency Area, Jaipur -
302005
5. Director General Of Police, Govt. Of Rajasthan, Police
Head Quarter, Jaipur.
6. Inspector General Of Police, Jodhpur Range, Jodhpur.
7. The Superintendent Of Police, Jalore.
8. The S.h.o., Police Station, Sayla, District Jalore.
9. Cyber Crime Cell Rajasthan, Jaipur.
10. Women Crime Cell, Jalore.
11. Pintu S/o Mitharam Meghwal, R/o Kharal, Sayla, Jalore,
Rajasthan.
12. Dayaram S/o Not Known, R/o Umedabadm, Jalore,
Rajasthan.
13. Kikesh Meghwal S/o Not Known, R/o Kharal, Sayla,
Jalore, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Pritam Joshi
For Respondent(s) : Mr. S. S. Rajpurohit, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order (Downloaded on 07/12/2021 at 08:59:48 PM) (2 of 3) [CRLMP-6380/2021] 07/12/2021
1. The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. seeking fair investigation in FIR No.231/2021 registered at Police Station Sayla, District Jalore for the offences under Sections 376-D, 376(2)(N), 506, 384 of the IPC. and Section 67A of the Information Technology Act, 2008 and Section 3/4 of POCSO Act, 2012.
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. 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, Jalore within a (Downloaded on 07/12/2021 at 08:59:48 PM) (3 of 3) [CRLMP-6380/2021] 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, Jalore 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.
(VINIT KUMAR MATHUR),J 60-/vivek/-
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