Dismissed

Dhaniram v. State of Rajasthan and Ors.

Rajasthan HC2 Jul 2019CRLMP/1937/2017

Case brief

AI extract

What is this about?

The complainant filed a criminal miscellaneous petition seeking fair investigation in an FIR for offences under IPC sections 326, 452, 307, and 120-B. The court held that under Sakiri Vasu, grievances about investigation should be approached before the Magistrate, not the High Court, and dismissed the petition.

What did the court decide?

Petitioner free to approach the Magistrate concerned to inquire about the progress of the case.

Dhaniram Vs State of Rajasthan and Ors. — Writ and Judicial Review | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Criminal Miscellaneous (Petition) No. 1937/2017

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Dhaniram S/o Shri Amar Singh B/c Dhanaka, R/o Khanpur, P.s. Bhiwadi, Distt. Alwar

¶4

----Petitioner

¶5

Versus

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State Of Rajasthan Through Pp

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The Director General Of Police, Police Head Quarter, Jaipur

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The Superintendent Of Police, Alwar

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The Sho, Police Station Bhiwadi, Distt. Alwar

¶10

Deenaram S/o Udhami B/c Dhanaka, R/o Khanpur, P.s. Bhiwadi, Distt. Alwar

¶11

Sawant S/o Deenaram B/c Dhanaka, R/o Khanpur, P.s. Bhiwadi, Distt. Alwar

¶12

Ramesh S/o Deenaram B/c Dhanaka, R/o Khanpur, P.s. Bhiwadi, Distt. Alwar

¶13

Manju W/o Ramesh B/c Dhanaka, R/o Khanpur, P.s. Bhiwadi, Distt. Alwar

¶14

Dinesh S/o Ramesh B/c Dhanaka, R/o Khanpur, P.s. Bhiwadi, Distt. Alwar

¶15

----Respondents

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For Petitioner(s) : Mr. R.R. Goyal For Respondent(s) : Mr. Arvind Kumar Chawla, P.P.

¶17

HON'BLE MR. JUSTICE PANKAJ BHANDARI

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Order

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02/07/2019

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Petitioner has preferred this Criminal Miscellaneous Petition seeking fair investigation in FIR No.25/2017 registered at Police Station Bhiwadi, District Alwar for the offence under Sections 326, 452, 307 and 120-B of I.P.C.

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(2 of 2)

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[CRLMP-1937/2017]

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No effective order has been passed by the Court since filing of the petition.

¶24

Apex Court in “ Sakiri Vasu vs. State of U.P. & Ors. AIR 2008 SC Page 907” has held that the Judicial Magistrate has very wide powers to enquire about the investigation and for monitoring the investigation to ensure that the investigation is done properly. Apex Court has further observed that the High Court should discourage the practice of filing Writ Petitions or petitions under Section 482 Cr.P.C. simply because a person has a grievance that investigation has not been done properly by the Police. For this grievance, the remedy lies before the Magistrate concerned.

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In view of the above, I am not inclined to entertain the misc. petition, the same is dismissed.

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However, petitioner would be free to approach the Magistrate concerned to inquire about the progress of the case.

¶27

(PANKAJ BHANDARI),J

¶28

Simple Kumawat /28

Dhaniram v. State of Rajasthan and Ors.

Case brief

What is this about?

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Dhaniram v. State of Rajasthan and Ors.

Case brief

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