Disposed

Sonali @ Hina v. State of Rajasthan

Rajasthan HC5 Nov 2019CRLMP/5505/2019

Case brief

AI extract

What is this about?

The High Court of Rajasthan disposed of a criminal miscellaneous petition under Section 482 Cr.P.C. directing the Superintendent of Police, Bikaner, to consider the petitioner's representation submitted within ten days and conduct a fair investigation based on antecedent Supreme Court precedents.

What did the court decide?

The Superintendent of Police, Bikaner is directed to consider the petitioner's representation with relevant documents, if submitted within ten days, and conduct a fair investigation in accordance with

Sonali @ Hina 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. 5505/2019

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Sonali @ Hina D/o Gurpreet Singh Dhunna, Aged About 25 Years, R/o Street No. 2, Uttam Vihar, Near Devine Light School, House No. 19, Abohar, Punjab.

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----Petitioner

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Versus

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State Of Rajasthan

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Vedpal Shivran, SHO Of Panchu Police Station, District Bikaner.

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----Respondents

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For Petitioner(s) : Mr. Shreekant Verma For Respondent(s) : Ms. Raj Laxmi, 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.107/2019, registered at Police Station Panchu, Bikaner for the offences under Sections 323, 341, 307, 427 & 452 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) [CRLMP-5505/2019]

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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, Bikaner 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, Bikaner 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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117-SunilS/-

Sonali @ Hina v. State of Rajasthan

Case brief

What is this about?

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Sonali @ Hina v. State of Rajasthan

Case brief

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