Disposed

Sankal Chand v. State

Rajasthan HC8 Nov 2019CRLMP/5801/2019

Case brief

AI extract

What is this about?

This criminal miscellaneous petition invoking Section 482 Cr.P.C. sought fair investigation. The court disposed of the petition directing the Superintendent of Police to consider the petitioner's representation and relevant documents submitted within ten days and conduct a fair investigation.

What did the court decide?

Direction to Superintendent of Police to consider petitioner's representation and documents within ten days and conduct fair investigation.

Sankal Chand Vs State — 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. 5801/2019

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Sankal Chand S/o Mangi Lal, Aged About 38 Years, By Caste Soni, Resident Of Nearby Godiji Mandir, Tehsil And District Jalore.

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----Petitioner

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Versus

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State of Rajasthan

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Superintendent Of Police, Jalore, District Jalore.

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SHO Of Bhinmal Police Station, District Jalore.

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----Respondents

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For Petitioner(s) : Mr. Teja Ram Choudhary For Respondent(s) : Mr. Mahipal Bishnoi, PP

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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08/11/2019

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The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. seeking fair investigation in FIR No.270/2019, registered at Police Station Bhinmal, District Jalore for the offences under Sections 342, 323, 379 & 384 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

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(2 of 2)

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[CRLMP-5801/2019]

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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 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, Jalore 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, Jalore 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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180-SunilS/-

Sankal Chand v. State

Case brief

What is this about?

What did the court decide?

Sankal Chand v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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