Disposed

Smt Asha v. State

Rajasthan HC8 Nov 2019CRLMP/5920/2019

Case brief

AI extract

What is this about?

This criminal misc. petition, filed under Section 482 Cr.P.C., sought a fair investigation into an FIR involving forgery, cheating, and criminal conspiracy. The High Court directed the Commissioner, Jodhpur, to consider the petitioner's representation and conduct a fair investigation within ten days.

What did the court decide?

Direction to Commissioner, Jodhpur to consider petitioner's representation and documents if submitted within ten days, and to conduct fair investigation.

Smt Asha Vs State — Criminal Trial and Appeal | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Criminal Misc(Pet.) No. 5920/2019

¶3

Smt Asha W/o Devi Singh Panwar, Aged About 38 Years, By Caste Rajput, R/o House No. 4-J-32, Kuri Bhagtasani Housing Board, Tehsil And District Jodhpur (Raj.).

¶4

----Petitioner

¶5

Versus

¶6

State of Rajasthan.

¶7

The Station House Officer, P.s. Kuri Bhagtasani, District Jodhpur (Raj.).

¶8

Smt. Hachchaki Devi W/o Late Sh. Kishan Lal, By Caste Prajapat, R/o Gali No. 2, Gordhan Colony, Near Sabji Mandi, Ratanada, Jodhpur (Rajasthan)

¶9

Chaina Ram S/o Late Sh. Kishan Lal, By Caste Prajapat, R/o Gali No. 2, Gordhan Colony, Near Sabji Mandi, Ratanada, Jodhpur (Rajasthan)

¶10

Naresh Kumar S/o Sh. Shaitan Ram, B/c Prajapat, R/o Teja Nagar, Bichlapura, Jhalamand Chouraha, Jodhpur (Raj.).

¶11

Smt. Rekh Prajapat W/o Sh. Jitendra Prajapat D/o Late Sh. Kishan Lal, R/o Jhalamand. At Present- 212, Shree Ki Pol, Suthla, Jodhpur (Raj.)

¶12

Smt. Sushma Prajapat W/o Sh. Hem Raj Prajapat, D/o Late Sh. Kishan Lal, By Caste Prajapat, R/o Jhalamand. At Present Circuit House Road, East Patel Nagar, Ganesh Pura, Ratanada, Jodhpur.

¶13

----Respondents

¶14

For Petitioner(s) : Mr. Ashok Chhangani For Respondent(s) : Mr. Mahipal Bishnoi, P.P.

¶15

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

¶16

Order

¶17

08/11/2019

¶18

Defect as pointed out by the office is waived.

¶19

(2 of 3)

¶20

[CRLMP-5920/2019]

¶21

The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. seeking fair investigation in FIR No.178/2019 registered at Police Station Kuri Bhagtasani, District Jodhpur City (west) for the offences under Sections 388, 389, 406, 420, 467, 468, 469, 471, 506 & 120B IPC.

¶22

Although this Court vide order dated 09.09.2019 had already passed the order for fair investigation to be conducted by the Investigating Agency. However, learned counsel for the petitioner submits that investigation should be fairly conducted vis-a-vis petitioner also.

¶23

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.

¶24

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.

¶25

Learned Public Prosecutor assures this Court that fair and transparent investigation shall be made, and in case the petitioner

¶26

(3 of 3)

¶27

[CRLMP-5920/2019]

¶28

submits a representation alongwith all the relevant documents before the Commissioner, Jodhpur within a period of ten days from today, then the same shall be considered at the time of investigation.

¶29

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 Commissioner, 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

¶30

accordance with law.

¶31

(VINIT KUMAR MATHUR), J.

¶32

161-Ravi Kh./-

Smt Asha v. State

Case brief

What is this about?

What did the court decide?

Smt Asha v. State

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ravi Kumar Vs State

Shankarlal Pargi Vs State

Pawan Kumar Vs State

Sonali Sharma Vs State

Sarla Kumari Vs State of Rajasthan

Dimple Kumari Vs State of Rajasthan