The High Court at Jodhpur dismissed a criminal miscellaneous petition for directing fair investigation, holding the petitioner should approach the concerned court under Section 156(3) Cr.P.C. instead.
Petitioner directed to move application under Section 156(3) Cr.P.C. before the concerned court.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 1460 / 2018
Narain Singh Son of Late Shri Babu Lal Ji, By Caste Mali, Resident of Village Kiramsariya, Osia Road, Mathania Police Station, District Jodhpur.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. B. Ray Bishnoi
For Respondent(s) : Mr. M.S. Panwar, Public Prosecutor
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
10/05/2018
This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner with a prayer to issue direction to the police authorities to conduct fair and impartial investigation into the allegations levelled in the FIR No.42/2018 dated 02.04.2018 of Police Station Mathania, District Jodhpur City East for the offences punishable under Sections 420, 406, 323, 341, 392, 441, 442, 447, 448 and 120-B IPC.
Having heard learned counsel for the petitioner, this Court is of the opinion that the petitioner can very well approach the concerned court under Section 156(3) Cr.P.C. seeking fair and impartial investigation in the above referred FIR as per the law
(2 of 2)
[CRLMP-1460/2018]
laid down by the Hon’ble Supreme Court in case of Sakiri Vasu Vs. State of U.P. and Ors. reported in (2008) 2 SCC 409 and Sudhir Bhaskarrao Tambe Vs. Hemant Yashwant Dhage & Ors. reported in (2016) 6 SCC 277 .
Hence, this criminal misc. petition is disposed of with liberty to the petitioner to move application under Section 156(3) Cr.P.C. before the concerned court and it is expected that if any such application is moved on behalf of the petitioner, the concerned court shall consider the same strictly in accordance with law.
(VIJAY BISHNOI),J.
Abhishek Kumar S.No.43
1 issue framed by the court
Whether the High Court ought to have issued directions for impartial investigation instead of directing the petitioner to seek the same via Section 156(3) Cr.P.C. before the court of first instance.
Colour shows how this judgement treated each authority
Sakiri Vasu Vs. State of U.P. and Ors.Referred¶20
Sakiri Vasu Vs. State of U.P. and Ors. (2008) 2 SCC 409 · Who else cites this
Sudhir Bhaskarrao Tambe Vs. Hemant Yashwant Dhage & Ors.Referred¶20
Sudhir Bhaskarrao Tambe Vs. Hemant Yashwant Dhage & Ors. (2016) 6 SCC 277 · Who else cites this
2 provisions across 1 enactments
Narain Singh
State of Rajasthan
Inspector General of Police, Jodhpur Range
Superintendent of Police, Jodhpur Rural
SHO of Mathania Police Station
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
