Allowed

Hemant Tejwani v. State of Rajasthan through Pp.

Rajasthan HC16 Apr 2014CRLMP/891/2013

Case brief

AI extract

What is this about?

Petitioner sought directions under Section 482 Cr.P.C. for further police investigation and arrest. The single-judge High Court noted the prayer was genuine and ordered the matter to be heard by the Magistrate on a fixed date with police officials in attendance.

What did the court decide?

Direction to hear the protest petition before the Magistrate on a fixed date and to direct the SHO/Deputy SP to remain present.

Hemant Tejwani Vs State of Rajasthan through Pp. — Writ and Judicial Review | Rajasthan HC (2014)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR.

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S.B.Crim. Misc. Petition No.891/2013. Hemant Tejwani Vs. State of Raj.

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Date of Order: 16/04/2014

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HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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Mr.SR Surana, Senior Counsel with Mr. Mahavir Kalwa, for the petitioner. Mr.Aladeen Khan, Public Prosecutor for State. IO of Police Station JDA Jaipur is present in person.

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The present petition has been filed under Section 482 Cr.P.C. with the following prayer : -

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“It is, therefore, most humbly prayed that Your Lordships may graciously be pleased to admit and allow this Misc. Petition and the respondent authorities may kindly be directed to investigate the FIR Annexure-2 expeditiously thorough SOG or through an Higher Official of the Police and further to arrest the accused persons immediately. ”

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Learned Senior Counsel Shri Sajjan Raj Surana has requested to this Court that he has already moved a petition under Section 482 Cr.P.C. before this Court before giving the final report in this matter, the police has not investigated upon the certain points, upon which learned counsel wants that a direction should be issued to the Investigating Officer for further investigation because the police has not investigated the matter fairly, properly and impartially. He further wants that a liberty should be given to him to move

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an application before the learned Magistrate. He further wants that a direction should also be given to the learned Magistrate concerned where the Final report has been submitted to hear the complainant and decide the protest petition or any other application to be filed by the complainant, in accordance with law.

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Learned Public Prosecutor has opposed

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the same and he has contended that Investigating Officer earlier submitted a Final Report.

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The prayer of the counsel for the petitioner seems to be genuine. Hence, ordered accordingly.

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On the day to be fixed by the Magistrate, he will hear the argument upon the protest petition filed by the complainant. He will ask the Station House Officer/Deputy Superintendent of Police to remain present on that day and he will issue directions to Station House Officer/Deputy Superintendent of Police, if necessary.

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(MAHESH CHANDRA SHARMA), J.

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N.Gandhi 100

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Certificate- All corrections have been incorporated in the judgment/order being emailed.

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Naval Kishore Gandhi P.A.cum judgment writer

Hemant Tejwani v. State of Rajasthan through Pp.

Case brief

What is this about?

What did the court decide?

Hemant Tejwani v. State of Rajasthan through Pp.

Case brief

What is this about?

What did the court decide?

What the court decided

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