Disposed

Ashish Agarwal v. State of Rajasthan

Rajasthan HC20 May 2019CRLMP/1277/2019

Case brief

AI extract

What is this about?

The High Court disposed of connected criminal miscellaneous petitions under Section 482 Cr.P.C. relating to NDPS offences. The court directed the Superintendent of Police to consider the petitioner's representation along with relevant documents and conduct a fair investigation within ten days.

What did the court decide?

The Superintendent of Police, Hanumangarh was directed to consider the representation and relevant documents submitted by the petitioner within ten days and conduct a fair investigation.

Ashish Agarwal Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 1291/2019

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Ashish Agarwal S/o Late Sanjay Agarwal, Aged About 30 Years, R/o.Tej Nagar, Balkeshwar, Bhangara (Madhya Pradesh)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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Connected With

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S.B. Criminal Misc(Pet.) No. 1277/2019

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Ashish Agarwal S/o Lt Sanjay Agarwal, Aged About 30 Years, R/o.Tej Nagar, Balkeshwar, Bhangara (Madhya Pradesh)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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S.B. Criminal Misc(Pet.) No. 1289/2019

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Ashish Agarwal S/o Late Sanjay Agarwal, Aged About 30 Years, R/o.Tej Nagar, Balkeshwar, Bhangara (Madhya Pradesh)

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----Petitioner Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s) : Mr. Naresh Singh on behalf of Mr. Rakesh Arora For Respondent(s) : Mr. Gaurav Singh, PP

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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20/05/2019

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The petitioner has preferred afroesaid criminal misc. petitions under Section 482 Cr.P.C. seeking fair investigation in FIR Nos.637/2018 & 636/2018 registered at Police Station

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(2 of 3)

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[CRLMP-1291/2019]

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Hanumangarh Town, District Hanumangarh for the offences under Section 8 & 21 of the NDPS Act and F.I.R. No.316/2018 registered at Police Station Tibbi, District Hanumangarh for the offences under Sections 8, 21, 22 and 25 of the NDPS Act.

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In Manoj Kumaria Shankaria Vs. State of Rajasthan & Anr., 2014(3) Raj.CriC 965, Narayan Singh Vs. State of Rajasthan & Anr., 2013(1) Cri.L.R.264 and Aziza Begum Vs. State of Maharashtra & Anr., 2012(1) RLW 835 , wherein the Hon'ble Apex Court has held that a fair and proper investigation is always conducive to the ends of justice and for establishing rule of law.

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In Shyam Singh Vs. State of Rajasthan & Anr., 2015(3) Cri.L.R. 1375 and Gopal Nath Vs. State of Rajasthan & Anr., 2015(4) Cri.L.R. 1617, relying upon the judgment of Hon’ble Supreme Court in the case of Arnesh Kumar V/s State of Bihar & Anr., reported in (2014) 8 SCC 273, also the petitioner therein was permitted to submit a representation before the investigating officer and the investigating officer was directed to consider the documents before forming any opinion.

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Learned Public Prosecutor assures this Court that fair and transparent investigation shall be made, and in case the petitioner submits a representation alongwith all the relevant documents before the Superintendent of Police, Hanumangarh within a period of ten days from today, then the same shall be considered at the time of investigation.

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(3 of 3) [CRLMP-1291/2019]

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In light of the aforesaid precedent law as well as the assurance given by the learned Public Prosecutor, the misc. petitions are disposed of with a direction to the Superintendent of Police, Hanumangarh to consider the representation alongwith all the relevant documents, if submitted by the petitioner within a period of ten days from today, and conduct fair investigation, strictly in accordance with law.

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(VINIT KUMAR MATHUR),J

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53-SanjayS/-

Ashish Agarwal v. State of Rajasthan

Case brief

What is this about?

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Ashish Agarwal v. State of Rajasthan

Case brief

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