Disposed

Laxmi v. State of Rajasthan

Rajasthan HC4 Jul 2019CRLMP/2886/2019

Case brief

AI extract

What is this about?

This order disposed of a criminal miscellaneous petition under Section 482 Cr.P.C. seeking fair investigation in a dowry and cyber offence case. The High Court directed the Superintendent of Police to consider the petitioner's representation with relevant documents within ten days and conduct a fair investigation.

What did the court decide?

Petition disposed; direction to Superintendent of Police, Barmer to consider petitioner's representation and documents within ten days and conduct fair investigation.

Laxmi Vs State of Rajasthan — Writ and Judicial Review | 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. 2886/2019

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Laxmi W/o Rajkumar, Aged About 28 Years, B/c Meghwal, R/o Taneram Nagar Barmer, Meghwalo Ke Tanke Ke Pass Sadar Barmer.

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----Petitioner

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Versus

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State Of Rajasthan.

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S.H.O. Police Station, Mahila Thana Barmer.

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Superintendent Of Police, Barmer.

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Rajkumar S/o Babu Lal Meghwal, R/o 1, Ramsar, Ramsar, Barmer.

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----Respondents

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For Petitioner(s) : Mr. Jitendra Ojha. For Respondent(s) : Mr. Mahipal Bishnoi, PP for the State.

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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04/07/2019

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The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. seeking fair investigation in FIR No.103/2018 registered at Police Station Mahila Thana, Barmer for the offences under Section 143, 498-A, 323, 406 of IPC & section 66 & 67-A of Information & Technology Act.

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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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(2 of 2)

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[CRLMP-2886/2019]

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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 Superintendent of Police, Barmer 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 Superintendent of Police, Barmer 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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(VINIT KUMAR MATHUR),J

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71-Anil Singh/-

Laxmi v. State of Rajasthan

Case brief

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Laxmi v. State of Rajasthan

Case brief

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