Disposed

Dilbar Khan v. State of Rajasthan

Rajasthan HC11 Jul 2019CRLMP/2917/2019

Case brief

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What is this about?

The High Court disposed of a criminal miscellaneous petition under Section 482 Cr.P.C., directing the Superintendent of Police to consider a representation and documents filed by the petitioners within ten days and conduct a fair investigation for specified IPC offences.

What did the court decide?

Direction to Superintendent of Police, Barmer to consider representation and documents submitted by petitioners within ten days and conduct fair investigation strictly in accordance with law.

Dilbar Khan Vs State of Rajasthan — Criminal Trial and Appeal | 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. 2917/2019

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Dilbar Khan S/o Meer Mohammad, Aged About 23 Years, R/o Chopasani, Rajiv Gandhi Nagar, Jodhpur City, West Jodhpur, Rajasthan

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Barkat Ali S/o Manzoor Ahmed, Aged About 40 Years, Year, R/o 212-B Pal Link Road, Nandanvan, Jodhpur.

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----Petitioners

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Versus

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State Of Rajasthan, Through P.p.

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Anwar Khan S/o Adam Khan.

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Kalam Khan S/o Sher Khan.

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Rasaal Khan S/o Ramjan Khan.

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Pappu Khan S/o Adam Khan.

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Resham Khan S/o Adam Khan.

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Bhure Khan S/o Sher Khan.

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Joshe Khan S/o Unknown. Respondents No.2,3 and 5 to 7 are R/o Solankiya Talla, Shergarh, Jodhpur Rural, Rajasthan. Respondent No.4 is R/o Pungalia, Dechu, Jodhpur Rural, Rajasthan. Respondent No.8 is R/o Jalora, Lohavat, Jodhpur Rural, Rajasthan.

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----Respondents

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For Petitioner(s) : Mr. Parvej Moyal. For Respondent(s) : Mr. Gaurav Singh, PP for the State.

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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11/07/2019

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The petitioners have preferred this criminal misc. petition under Section 482 Cr.P.C. seeking fair investigation in FIR No.0092/2019 registered at Police Station Pachpadra, District

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(2 of 3)

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[CRLMP-2917/2019]

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Barmer for the offences under Sections 143, 323, 341, 365, 427 of IPC.

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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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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 petitioners submit a representation alongwith all the relevant documents before the Superintendent of Police, Barmer within a period of ten days from today, 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

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(3 of 3)

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[CRLMP-2917/2019]

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relevant documents, if submitted by the petitioners 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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181-Anil Singh/-

Dilbar Khan v. State of Rajasthan

Case brief

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Dilbar Khan v. State of Rajasthan

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