Disposed

D.R. Meghwal v. State of Rajasthan

Rajasthan HC4 Nov 2019CRLMP/5522/2019

Case brief

AI extract

What is this about?

In this criminal miscellaneous petition, the High Court directed the Public Prosecutor to ensure a fair and transparent investigation. The Court directed the Commissioner of Police to consider the petitioner's representation and documents submitted within ten days before forming an opinion.

What did the court decide?

Directed the investigation to be fair and transparent; directed the Commissioner of Police to consider the representation and documents submitted within ten days before forming an opinion.

D.R. Meghwal 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. 5522/2019

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D. R. Meghwal S/o Shri Prema Ram, Aged About 37 Years, By Caste Meghwal, R/o Village Sarecha, Near Bus Stand, Tehsil Luni, District Jodhpur.

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----Petitioner

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Versus

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State Of Rajasthan, through Commissioner of Police, Jodhpur.

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SHO, Police Station Udai Mandir, Jodhpur.

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ACP, Circle, Jodhpur West.

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----Respondents

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For Petitioner(s) : Mr. Deva Ram (Petitioner present in person) For Respondent(s) :

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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04/11/2019

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The members of the Bar are abstaining from work today.

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Heard Mr. Deva Ram, the petitioner who is present in person.

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The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. seeking fair investigation in FIR No.440 dated 09.09.2019, Police Station Udai Mandir, District Jodhpur for the offences under Sections 504 IPC and Sections 67 & 67A of the Information & Technology Act, 2008.

¶17

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.

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(2 of 2)

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[CRLMP-5522/2019]

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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 is directed to ensure that fair and transparent investigation shall be made, and in case the petitioner submits a representation alongwith all the relevant documents before the Commissioner of Police, Jodhpur Commissionerate, 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, the present misc. petition is disposed of with a direction to the Commissioner of Police, Jodhpur Commissionerate, 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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174-SunilS-Anil Singh/-

D.R. Meghwal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

D.R. Meghwal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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