This criminal miscellaneous petition under Section 482 Cr.P.C. seeking directions for fair investigation was disposed of, directing the petitioner to file an application under Section 156(3) Cr.P.C. before the concerned court.
Petition disposed with liberty 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. 1561/2018
Shankar Bhati S/o Shri Mohan Lal, B/c Bhati, Aged 51 years, R/o-52/16, Old Rajendra Nagar, New Delhi.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Shaitan Singh For Respondent No.1 : Mr. M.S. Panwar, Public Prosecutor
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
10/07/2018
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.152/2018 dated 05.03.2018 of Police Station Hanumangarh Junction, District Hanumangarh for the offences punishable under Sections 420, 384, 120-B and 166 IPC.
(2 of 2) [CRLMP-1561/2018]
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 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.57
1 issue framed by the court
Whether the petitioner can approach the concerned court under Section 156(3) Cr.P.C. for fair and impartial investigation instead of seeking directions under Section 482 Cr.P.C.
Colour shows how this judgement treated each authority
Sakiri Vasu Vs. State of U.P. and Ors.Referred¶20
(2008) 2 SCC 409 · Who else cites this
Sudhir Bhaskarrao Tambe Vs. Hemant Yashwant Dhage & Ors.Referred¶20
(2016) 6 SCC 277 · Who else cites this
2 provisions across 1 enactments
Shankar Bhati
State Of Rajasthan
Jodha Singh
Hanuman
Kundanlal
Prithviraj
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
