Dismissed

Prahlad Kumar Jat S/O Mangal Chand v. State of Rajasthan

Rajasthan HC23 Jul 2019CRLMP/2765/2019

Case brief

AI extract

What is this about?

The Rajasthan High Court disposed of a criminal miscellaneous petition under Section 482 Cr.P.C. seeking fair investigation, noting that the grievance should be approached via the Magistrate, referencing Sakiri Vasu, distinguishing the scope of the petition.

What did the court decide?

petitioner free to approach Magistrate concerned to inquire about progress of investigation.

Prahlad Kumar Jat S/O Mangal Chand Vs State of… — Criminal Trial and Appeal | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Criminal Miscellaneous (Petition) No. 2765/2019

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Prahlad Kumar Jat S/o Mangal Chand, Aged About 40 Years, By Caste Jat, Resident Of Village Tatiyawas, Chomu, Jaipur (West), Jaipur, Rajasthan.

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----Petitioner

¶5

Versus

¶6

State Of Rajasthan, Through Pp.

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The Commissioner Of Police, Police Commissionarate Jaipur, Rajasthan.

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The S.h.o. Police Station Jothwara, Jaipur (West), Jaipur, Rajasthan.

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Shankar Dhayal S/o Gopal Lal, By Caste Jat, Resident Of E-652, R.p.a., Shashtri Nagar, Jaipur, Rajasthan.

¶10

Manju Godara D/o Ramkaran, W/o Shankar Dhayal, By Caste Jat, Resident Of Quarter No. 16, Police Station Ghandi Nagar, Jaipur, Rajasthan.

¶11

Murari Lal S/o Shri Hemchand, Aged About 40 Years, By Caste Jat, Resident Of Sitarampura, (Charanwas), Tehsil Chomu, District Jaipur, Rajasthan.

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Bhagwan Singh S/o Shri Gulab Singh Shekhawat, Aged About 41 Years, Resident Of Village Singodkalan, Tehsil Chomu, District Jaipur, Rajasthan.

¶13

----Respondents

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For Petitioner(s) : Mr. Vijay Singh Yadav For State : Mr. Arvind Bhadu, PP For Complainant(s) : Mr. Vishavjeet Mantri Mr. Phool Chand Meena (I.O.) ACP Chomu

¶15

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

23/07/2019

(2 of 2)

[CRLMP-2765/2019]

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

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It is reported by learned Public Prosecutor that the investigation is now being investigating by an Officer of level of Assistant Commissioner of Police. Report submitted by learned Public Prosecutor is taken on record.

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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 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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I do not find any force in the Criminal Misc. Petition. The Criminal Misc. Petition is accordingly disposed.

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

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(PANKAJ BHANDARI),J

¶26

AMIT KUMAR /29

Prahlad Kumar Jat S/O Mangal Chand v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Prahlad Kumar Jat S/O Mangal Chand v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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