Dismissed

Ramkumar Sinsinwar Son of Late Shri Bhanwar Singh v. State of Rajasthan

Rajasthan HC27 Aug 2019CRLMP/246/2019

Case brief

AI extract

What is this about?

Petitioner filed a Criminal Misc. Petition under Section 482 Cr.P.C. seeking fair investigation and return of dowry articles after his daughter's death. The Court observed that such grievances should be approached before the Magistrate, not the High Court, citing Supreme Court precedent.

What did the court decide?

Petition dismissed; petitioner directed to approach the concerned Magistrate regarding the investigation and return of dowry articles.

Ramkumar Sinsinwar Son of Late Shri Bhanwar Singh Vs… — Dowry and Cruelty | 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. 246/2019

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Ramkumar Sinsinwar Son Of Late Shri Bhanwar Singh, Resident Of Sinsini House Sanjaynagar, Mathura Gate, Bharatpur.

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----Petitioner

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Versus

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State Of Rajasthan, Through The P.p.

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The Superintendent Of Police, Bharatpur

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The Station House Officer, Police Station Mathura Gate, Bharatpur.

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----Respondents

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For Petitioner(s) : Mr. Harendra Singh with Mr. Jaswant Singh Rathore For State : Mr. Arvind Bhadu, PP

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HON'BLE MR. JUSTICE PANKAJ BHANDARI

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Judgment / Order

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27/08/2019

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Petitioner has preferred this Criminal Misc. Petition under Section 482 Cr.P.C. seeking fair investigation.

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Earlier a Misc. Petition filed by the accused which was dismissed by the Court. Petitioner has not approached the concerned Magistrate.

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It is contended that after demise of daughter of petitioner, the dowry articles are to be returned to the parents of the deceased but the Police has not seized the dowry articles nor has the Police returned the dowry articles to the petitioner.

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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

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(2 of 2)

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[CRLMP-246/2019]

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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 same, I do not find any force in the Criminal Misc. Petition and the same is accordingly disposed of.

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However, petitioner would be free to approach the Magistrate concerned who is empowered to act in accordance with law and ensure that compliance of Dowry Prohibition Act is done by the Police.

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(PANKAJ BHANDARI),J

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AMIT KUMAR /1

Ramkumar Sinsinwar Son of Late Shri Bhanwar Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ramkumar Sinsinwar Son of Late Shri Bhanwar Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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