The Supreme Court declined to directly entertain a writ petition seeking to quash an FIR, instead directing the petitioners to seek fair investigation by making a representation to the Superintendent of Police.
Petitioners set at liberty to make a representation to the S.P. (Rural), Jaipur.
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S.B. CIVIL WRIT PETITION NO.828/08
Smt. Chauthi Devi & Ors.
Vs.
State of Raj. & Anr.
Date of order : 6/2/2008.
HON'BLE MR.JUSTICE MOHAMMAD RAFIQ
Shri Rajeev Surana for the petitioners.
******
This writ petition has been filed
by the petitioner praying for a mandamus
that the FIR No.210/07 dated 19.8.2007
lodgedwiththePoliceStation
Jamwaramgarh for offences under Section
420, 465, 467, 468, 471, 120B be quashed
and set aside. In the course of arguments,
however, learned counsel for the
petitioners has submitted that in spite of
PublicProsecutoradvisingthe
Investigating Officer, the documents which
the petitioners wanted to rely in his
defense are not been considered by him who
is about to file challan ignoring such
significant documents.
Having regard to the facts, I do not
deem it appropriate to directly entertain
the writ petition as in view of the
subject matter of the present writ
petition, it is essentially for the
Investigating Officer to form a particular
view of the matter. However, the
petitioners are certainly entitled to
place their stand before him. I therefore
set the petitioners at liberty to make a
representation to the S.P. (Rural), Jaipur
who shall ensure the fair investigation in
the matter in accordance with law keeping
in view the aforesaid observations.
The writ petition is accordingly
disposed of.
(MOHAMMAD RAFIQ), J.
RS/
1 issue framed by the court
Whether the writ petition seeking to quash FIR No.210/07 should be entertained directly by the court.
Smt. Chauthi Devi & Ors.
State of Raj.
Mohammad Rafiq
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court