Disposed

Chatar Singh v. State of Rajasthan

Rajasthan HC2 Jan 2019CRLMP/3584/2018

Case brief

AI extract

What is this about?

This order disposed of a criminal miscellaneous petition under Section 482 Cr.P.C. seeking a direction for fair investigation. The High Court, relying on precedent and assurances from the Public Prosecutor, directed the SHO to consider the petitioner's representation and documents within ten days before forming an opinion and conduct a fair investigation.

What did the court decide?

Direction to SHO to consider petitioner's representation and documents within 10 days before forming an opinion and conduct fair investigation.

Chatar Singh 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. 3584/2018

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Chatar Singh S/o Anop Singh Rawna Rajput, Aged About 40 Years, Anopsingh Nagar

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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Sho, Jodhpur

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----Respondents

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For Petitioner(s) : None present For Respondent(s) : Mr. VS Rajpurohit, PP

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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02/01/2019

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Defects pointed out by the office is overruled.

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The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. claiming the following relief :-

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“It is, therefore, respectfully prayed that this Misc. petition may kindly be allowed and the FIR No.215/2018 P.S. Dechu, District Jodhpur Rural fair the investigation authorities for fair and impartial investigation in the present case.”

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In Manoj Kumaria Shankaria Vs. State of

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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

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(2 of 2)

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[CRLMP-3584/2018]

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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 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 S.H.O, Police Station Dechu, District Jodhpur (Rural) 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 S.H.O, Police Station Dechu, District Jodhpur (Rural) 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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(DR. PUSHPENDRA SINGH BHATI),J

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13-Sudheer/-

Chatar Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Chatar Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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