Rajasthan High Court - Jodhpur
Prema Ram vs State Of Rajasthan on 10 September, 2021
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4809/2021
Prema Ram S/o Lachu Ji Gurjar, Aged About 40 Years, B/c
Gurjar, R/o Arjungarh, Deogarh, District Rajsamand.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. The Superintendent Of Police, Rajsamand.
3. The Station House Officer Of Police Station Deogarh,
District Rajsamand.
4. Shuka S/o Choga Ji Gurjar, R/o Kharniya, Deogarh,
Rajsamand.
5. Bhera S/o Choga Ji Gurjar, R/o Kharniya, Deogarh,
Rajsamand.
6. Narayan S/o Choga Ji Gurjar, R/o Kharniya, Deogarh,
Rajsamand.
7. Pappu S/o Girdhari Gurjar, R/o Kharniya, Deogarh,
Rajsamand.
8. Gajri Devi W/o Pappu Gurjar, R/o Kharniya, Deogarh,
Rajsamand.
9. Bhagu S/o Girdhari Gurjar, R/o Kharniya, Deogarh,
Rajsamand.
10. Hira S/o Girdhari Gurjar, R/o Kharniya, Deogarh,
Rajsamand.
11. Muli Devi W/o Hira Gurjar, R/o Kharniya, Deogarh,
Rajsamand.
----Respondents
For Petitioner(s) : Mr. Avinash Bhati
For Respondent(s) : Mr. Mohd. Javed, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 10/09/2021
1. In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned. (Downloaded on 13/09/2021 at 08:47:41 PM)
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2. The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. seeking fair investigation in FIR No.345/2021 registered at Police Station Deogarh, District Rajsamand for the offence under Sections 323, 143, 447, 427, 506 of IPC.
3. 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.
4. 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 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.
5. 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, Rajsamand within a period of fifteen days from today, then the same shall be considered at the time of investigation.
6. 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 (Downloaded on 13/09/2021 at 08:47:41 PM) (3 of 3) [CRLMP-4809/2021] of Police, Rajsamand to consider the representation alongwith all the relevant documents, if submitted by the petitioner within a period of fifteen days from today, and shall ensure that fair investigation strictly in accordance with law is conducted by the concerned I.O.
(DR. PUSHPENDRA SINGH BHATI),J.
84-nirmala/Sanjay-
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