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Rajasthan High Court - Jaipur

Jyoti Choudhary D/O Late Shri Sompal ... vs State Of Rajasthan on 17 January, 2019

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

        S.B. Criminal Miscellaneous (Petition) No. 381/2019

Jyoti Choudhary D/o Late Shri Sompal Singh B/c Jat, Aged About
23 Years, R/o Mohalla Hasanpura Infront Of Dak Bangla,
Choudhary Market, Jansath Mujaffar Nagar, Up, At Present R/o
Edvin Hot Building Near Laxmi Dharm Kanta, 22 Godam, Near
Railway Phatak, Police Station Sodala, Jaipur, Raj.
                                                                     ----Petitioner
                                     Versus
1.       State Of Rajasthan, Through Pp.
2.       Commissioner Of Police, Jaipur City, Jaipur.
3.       Station House Officer, Police Station Bhankrota, Jaipur
         West.
                                                                  ----Respondents


For Petitioner(s)          :     Mr. Anil Upman
For Respondent(s)          :     Mr. N.S. Dhakad, P.P.



     HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

                                     / Order

17/01/2019
            Instant petition has been filed under Section 482 Cr.P.C.

praying interalia that a direction be issued to the respondents to

conduct fair, proper, impartial and expeditious investigation in a case

arising out of F.I.R. bearing No.512/2018, registered at Police Station

Bhankrota Jaipur City (West) for offences punishable under Sections

376-D and 384 of Indian Penal Code.

            Mr. Anil Upman, ld. counsel appearing for the petitioner, has

submitted, at Bar that as on today, the investigation is pending and no

report of investigation has been filed in any Court till today.

            The learned Public Prosecutor appearing for the State of

Rajasthan, to allay the apprehension of the complainant-petitioner, at



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                                                                            (2 of 2)                   [CRLMP-381/2019]

                                   the outset, has submitted that not only fair investigation shall be

                                   conducted by a woman gazetted police officer, but the report of the

                                   investigation, along with the opinion of the Investigating Officer shall be

                                   submitted in the concerned Court within a period of two months from

                                   the date of receipt of certified copy of this order by the Investigating

                                   Officer. It is further submitted that in case, woman gazetted police

                                   officer is not available, the investigation shall be conducted by the

                                   Officer not below the rank of the Additional Superintendent of Police.

                                               The   learned    counsel      appearing        for   the   complainant-

                                   petitioner has submitted that the present petition be disposed of, in

                                   terms of the statement made by the learned Public Prosecutor

appearing for the State.

Ordered accordingly.

Let a copy of this order, under the seal and signature of the Court Master, be handed over to the ld. Public Prosecutor appearing for the State, for onward transmission and necessary compliance.

[ Kanwaljit Singh Ahluwalia ] J.

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