In a petition under Section 482 CrPC, the High Court dismissed the prayer for direction to the police to investigate speedily. The court held that since investigation steps like recording statements and post-mortem were already taken shortly after the FIR, no case for interference existed.
None granted.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 1728 / 2018
Narsa Ram S/o Hamiraji, By Caste Ghanchi, Resident of Ajodar, Tehsil Raniwara District Jalore.
----Petitioner
Versus
----Respondents
Mr. Narsa Ram petitioner present in person
For Respondent(s) : Mr. V.S. Rajpurohit, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
01/06/2018
This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner with a prayer for issuing direction to the police to conduct fair, impartial and speedy investigation into the allegations levelled in the FIR No.90/2018 of Police Station Raniwara, District Jalore for the offence punishable under Sections 498-A and 302 IPC.
The said FIR has been registered at the instance of the petitioner on 23.05.2018, wherein the petitioner has alleged that her daughter, who had married to one Dinesh Kumar S/o Chhogaji at Village Dahipur, is murdered by her father-in-law, mother-inlaw and brother-in-law by throwing her in a well, situated in their house. It is alleged in the FIR that the petitioner is having doubt
(2 of 2)
[CRLMP-1728/2018]
that the persons named in the FIR had murdered his daughter for the purpose of dowry.
The petitioner has frankly admitted that the police has already recorded their statements and the post-mortem of dead body of his daughter has also been conducted by the medical board.
Having taking into consideration the fact that the FIR has been lodged by the petitioner only on 23.05.2018 and during the course of investigation, statements of petitioner and other persons have already been recorded and the post-mortem of the dead body has also been conducted at this stage it cannot be said that the police is not conducting speedy investigation, hence, no case for interference is made out.
If the petitioner feels that the investigation is not being conducted properly by the police, he is free to approach the concerned Magistrate as per the law laid down by the Hon’ble Supreme Court in Sakiri Vasu Vs. State of U.P., reported
in AIR 2008 SC 907.
With these observations, this criminal misc. petition is dismissed.
(VIJAY BISHNOI)J.
Taruna
1 issue framed by the court
Whether the High Court should be asked to interfere with the police investigation under Section 482 CrPC given that statements were recorded and post-mortem conducted shortly after the FIR was lodged.
Colour shows how this judgement treated each authority
Sakiri Vasu Vs. State of U.P.Referred¶22
Sakiri Vasu Vs. State of U.P., reported in AIR 2008 SC 907 · Who else cites this
1 provisions across 1 enactments
Narsa Ram S/o Hamiraji
The State of Rajasthan
The Superintendent of Police, Jalore
The Station House Officer, Police Station Raniwara, District Jalore
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
