Dismissed

Rama S/O Gambhira B/C Chita v. State of Rajasthan

Rajasthan HC2 May 2019CRLMP/2016/2019

Case brief

AI extract

What is this about?

The petition sought fair investigation into a deer killing case. The Court noted gross delay and lack of proper investigation by police but held it incapable of entertaining the petition as the governing Apex Court precedent directs such grievances to the Magistrate's jurisdiction, not the High Court under Section 482 Cr.P.C.

What did the court decide?

The Criminal Miscellaneous Petition was dismissed with no prayer for investigation intervention granted.

Rama S/O Gambhira B/C Chita Vs State of Rajasthan — Writ and Judicial Review | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 2016/2019

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Rama S/o Gambhira B/c Chita, Aged About 29 Years, R/o Duga Ji Ka Bhadiya, Rajoshi Nasirabad Sadar, Ajmer.

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----Petitioner

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Versus

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State Of Rajasthan, Through Its Principal Secretary, Ministry Of Home Affairs, Secretariat, Jaipur.

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The Director General Of Police, Jaipur.

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The S.p. District Ajmer, Raj.

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Sho Police Station Nasirabad Sadar, Ajmer.

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----Respondents

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For Petitioner(s) : Mr. Pradeep Sharma For State : Mr. Sher Singh Mahla, PP

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HON'BLE MR. JUSTICE PANKAJ BHANDARI

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Judgment / Order

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02/05/2019

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Petitioner has preferred this Criminal Miscellaneous Petition seeking fair and impartial investigation in F.I.R. No.061/2019.

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It is contended by counsel for the complainant that “ Neelgai” “Boselaphus Tragocamelus” was killed by the accused in relation to which F.I.R. was lodged by the complainant on 13.01.2019. Police is not thoroughly investigating the matter hence the petitioner is forced to file present petition.

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Learned Public Prosecutor has opposed the present Criminal Miscellaneous Petition. His contention is that F.I.R. was lodged on 13.01.2019. Petitioner has moved this Miscellaneous Petition on 25.03.2019. Apex Court in “ Sakiri Vasu vs. State of U.P. & Ors.” AIR 2008 SC 907 (Criminal Appeal No.1685/2007) decided

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(2 of 2)

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[CRLMP-2016/2019]

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on 07.12.2007 has held that Magistrate has very wide powers to ensure that the investigation is done properly and for this purpose he can monitor the investigation. Apex Court has observed that High Court should discourage the practice of filing a Writ Petitions or petition under Section 482 Cr.P.C. simply because a person has a grievance that proper investigation is not being done by the police. For such grievance, remedy lies before the Magistrate and not by filing a petition under Section 482 Cr.P.C.

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I have considered the contentions.

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In view of the judgment of the Hon’ble Apex Court in “ Sakiri Vasu vs. State of U.P. & Ors.” (supra), I am not inclined to entertain the present Miscellaneous Petition.

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The present Criminal Miscellaneous Petition is accordingly dismissed.

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Stay application stands disposed.

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(PANKAJ BHANDARI),J

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AMIT KUMAR /42

Rama S/O Gambhira B/C Chita v. State of Rajasthan

Case brief

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Rama S/O Gambhira B/C Chita v. State of Rajasthan

Case brief

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