Disposed

Tulsi Ram v. State of Rajasthan

Rajasthan HC5 Nov 2019CRLMP/5245/2019

Case brief

AI extract

What is this about?

The High Court disposed of a criminal miscellaneous petition under Section 482 Cr.P.C. The petitioner, facing charges under Sections 420 and 406 IPC, sought fair investigation. The Court directed the Station House Officer to consider a representation and relevant documents submitted within ten days before forming any opinion.

What did the court decide?

Direction to Station House Officer to consider representation and documents submitted within ten days and conduct fair investigation.

Tulsi Ram 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. 5245/2019

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Tulsi Ram S/o Sh. Champa Lal, Aged About 35 Years, B/c Soni, R/o House No. 161-A Subhash Chowk, Ratanada, Jodhpur.

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----Petitioner

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Versus

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State Of Rajasthan

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Shri Kumar, Territory Manager, India Infoline Finance Ltd. Branch Office- Shop No. 11, Near Suncity Hospital, Paota, Mandor Road, Jodhpur.

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----Respondents

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For Petitioner(s) : Mr. Ashvini Kumar Swami For Respondent(s) : Mr. Gaurav Singh, PP

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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05/11/2019

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The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. seeking fair investigation in FIR No.0386/2019, registered at Police Station Mahamandir, Jodhpur for the offences under Sections 420 & 406 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.,

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(2 of 2)

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[CRLMP-5245/2019]

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2015(3) Cri.L.R. 1375 and Gopal Nath Vs. State of

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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

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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 Station House Officer, Mahamandir, Jodhpur 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 Station House Officer, Mahamandir, Jodhpur 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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67-SunilS/-

Tulsi Ram v. State of Rajasthan

Case brief

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Tulsi Ram v. State of Rajasthan

Case brief

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