The High Court of Rajasthan disposed of a criminal miscellaneous petition under Section 482 Cr.P.C. seeking directions for fair investigation. The court held the petitioner should approach the trial court under Section 156(3) Cr.P.C. and dismissed the petition.
Petitioner granted liberty to move an 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. 4428/2017
Mr. Raju Soni S/o Gulab Chand Soni , R/o Gandhiyon Ki Gali, Inside Sarafa Bazar Jain Street, Jodhpur, Sadar Kotwali, Jodhpur East, Raj.
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : None present. For Respondent(s) : Mr. V.S. Rajpurohit, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
26/07/2018
The defect pointed out by the office is over-ruled.
This criminal misc. petition under Section 482 Cr.P.C. has been filed on behalf of the petitioner with a prayer for issuing directions to the police authorities to conduct fair and speedy investigation into the allegations levelled in the FIR No.43/2017 of Police Station Sadar Kotwali, Jodhpur East.
Having gone through the averments made in this criminal misc. petition, 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 the 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 and Ors.) reported in (2016) 6 SCC 277 .
(2 of 2)
[CRLMP-4428/2017]
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
ms rathore
1 issue framed by the court
Whether a criminal miscellaneous petition filed under Section 482 Cr.P.C. praying for investigation can be allowed.
Colour shows how this judgement treated each authority
Sakiri Vasu Vs. State of U.P. and Ors.Referred¶14
Sakiri Vasu Vs. State of U.P. and Ors. (2008) 2 SCC 409 · Who else cites this
Sudhir Bhaskarrao Tambe Vs. Hemant Yashwant Dhage and Ors.Referred¶14
Sudhir Bhaskarrao Tambe Vs. Hemant Yashwant Dhage and Ors. (2016) 6 SCC 277 · Who else cites this
2 provisions across 1 enactments
Raju Soni
State Of Rajasthan
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
VIJAY BISHNOI
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