Rajasthan High Court - Jaipur
Durga @ Manju vs State Of Rajasthan And Ors on 20 September, 2016
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. CRIMINAL MISC. PETITION NO.4649/2016
S.B. CR. MISC. STAY APPL. NO.4802/2016
Durga @ Manju d/o Late Shri Gopal lal Saini, w/o Shri
Bhagwan Sahaya Saini, b/c Mali r/o Chandolia Ki dhani
ward no. 35 Ringus Road Chomu District Jaipur
Complainant-
Petitioner
Versus
1.State of Rajasthan through P.P. Non-Petitioner
2.Director General of Police, Police Headquarters,
Jaipur
3.Superintendent of Police, Chomu
4.Station House Officer, Police Station Chomu, Dist.
Jaipur
Respondents
DATE OF ORDER : : 20th September, 2016
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ
*******
Shri Ravi Jangir for the petitioner.
Shri Aladeen Khan, P.P. for the State.
## This petition has been filed by the petitioner u/s.482 Cr.P.C. with the prayer that the investigation in the FIR no.427/2016 registered at Police Station Chomu, District Jaipur for offence u/ss.420, 120B, 467, 468 and 471 IPC is not being properly conducted by the present Investigating Officer.
2
It is contended that the alleged signature of late Gopal Lal Saini, father of the petitioner on the Will relied by the complainant is forged. Besides, the stamp vendor Kailash Jangid at the relevant time did not have the authority to mark seal on the stamp papers.
It is contended that Gopal Lal Saini had sold some other land on 29.3.2011, one day before the date on which the alleged Will was prepared i.e. 30.3.2011. Police ought to send such admitted document along with the forged Will to the FSL for contesting the genuineness of the signatures contained therein. It is contended that these issues are not being considered by the Investigating Officer.
What is petitioner is contending is a matter of investigation. It is upto the Investigating Officer to examine all these aspects while submitting his result of investigation. In doing so, whatever documents petitioner wants to rely would be considered by him. However, if the petitioner is still not satisfied with the investigation made by Investigating Officer, he may have remedy of approaching the Superintendent of Police concerned for changing the Investigating Officer. This Court does not deem it appropriate to quash the proceedings in the FIR.
3
The petition is disposed of with the aforesaid directions. Stay application also stands disposed of.
(Mohammad Rafiq),J.
RS/60