Disposed

Dhanna Ram v. State of Rajasthan

Rajasthan HC30 Jul 2019CRLMP/2140/2019

Case brief

AI extract

What is this about?

This order dismissed two criminal miscellaneous petitions under Section 482 Cr.P.C. directing the Inspector General of Police to consider representations submitted by petitioners before forming an opinion and to ensure fair investigation consistent with Supreme Court precedents.

What did the court decide?

Direction to Inspector General of Police to consider representations within 10 days and conduct fair investigation.

Dhanna Ram Vs State of Rajasthan — Caste Atrocities | 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. 2140/2019

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Dhanna Ram S/o Late Pokar Ram, Aged About 55 Years, B/c Meghwal, R/o Gopalsariya, Osia Police Station, Distt. Jodhpur

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----Petitioner

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Versus

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State Of Rajasthan

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Inspector General of Police, Jodhpur Range, Jodhpur

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Superintendent of Police, Jodhpur Rural, Jodhpur

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S.H.O. of Osia Police Station, Distt. Jodhpur

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----Respondents

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Connected With

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S.B. Criminal Misc(Pet.) No. 2137/2019

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Smt. Pappu Devi W/o Dhanna Ram, Aged About 50 Years, B/c Meghwal, R/o Gopalsariya, Osia Police Station, Distt. Jodhpur

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----Petitioner

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Versus

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State Of Rajasthan

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Inspector General Of Police, Jodhpur Range, Jodhpur

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Superintendent of Police, Jodhpur Rural, Jodhpur

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S.H.O. of Osia Police Station, Distt. Jodhpur

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----Respondents

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For Petitioner(s) : Mr. B. R. Bishnoi 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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30/07/2019

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S.B.Criminal Misc. Petition No. 2140/2019 :-

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The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. seeking fair investigation in FIR

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(2 of 4) [CRLMP-2140/2019 with connected matter]

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No.170/2018, Police Station Osia, District Jodhpur for the offences under Sections 447, 427, 341, 323 & 354 of IPC and Sections 3(1) (R)(S)(W), 3(2)(VA) of SC/ST Act.

¶29

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 Inspector General Of Police, Jodhpur Range, Jodhpur within a period of ten days from today, then the same shall be considered at the time of investigation.

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In light of the aforesaid precedent law as well as the

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(3 of 4) [CRLMP-2140/2019 with connected matter]

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assurance given by the learned Public Prosecutor, the present misc. petition is disposed of with a direction to the Inspector General Of Police, Jodhpur Range, Jodhpur 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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S.B.Criminal Misc. Petition No. 2137/2019 :-

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The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. seeking fair investigation in FIR No.41/2019, Police Station Osia, District Jodhpur for the offences under Sections 143, 447, 427, 336, 323 & 354 of IPC and Sections 3(1)(S), 3(2)(VA) of SC/ST Act.

¶37

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.

¶38

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

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(4 of 4) [CRLMP-2140/2019 with connected matter]

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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 Inspector General Of Police, Jodhpur Range, Jodhpur within a period of ten days from today, then the same shall be considered at the time of investigation.

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In light of the aforesaid precedent law as well as the assurance given by the learned Public Prosecutor, the present misc. petition is disposed of with a direction to the Inspector General Of Police, Jodhpur Range, Jodhpur 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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196-197 -SunilS/-

Dhanna Ram v. State of Rajasthan

Case brief

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Dhanna Ram v. State of Rajasthan

Case brief

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