Dismissed

Lokesh Thakur v. State of Rajasthan and Ors.

Rajasthan HC2 Sept 2019CRLW/341/2018

Case brief

AI extract

What is this about?

In a special leaveHari D/o Bhikam Singh Ji B/c Rajput, the petitioner sought fair investigation in FIR No.528/2017. The court observed that remedies for grievance over investigation lie with the Magistrate, not the High Court. Accordingly, the petition was dismissed.

What did the court decide?

Petitioner advised to approach the Magistrate concerned for appropriate applications.

Lokesh Thakur Vs State of Rajasthan… — Constitutional and Fundamental Rights | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Criminal Writ Petition No. 341/2018

¶3

Lokesh Thakur D/o Bhikam Singh Ji B/c Rajput, R/o New Colony, Parshad Ward No. 28, Municipal Council, Bundi Raj.

¶4

----Petitioner

¶5

Versus

¶6

State Of Rajasthan through P.P.

¶7

The Principal Secretary, Department Of Local Body And Urban Devlopment Department, Government Of Ra

¶8

The Distt. Collector, Distt. Bundi.

¶9

S.H.O. Police Station Kotwali Bundi.

¶10

Superintendent of Police, Bundi.

¶11

Paras Kumar Jain S/o Shri Birdi Chand, R/o Gurunanak Colony, Bundi.

¶12

Surendra Kumar Jain S/o Shri Birdi Chand, R/o Gurunanak Colony, Bundi.

¶13

Shri Mahavir Modi, The Chairman, Muncipal Council, Bundi, Distt. Bundi.

¶14

Pankaj Mangal, Ex. Commissioner, Muncipal Council Bundi, Distt. Bundi.

¶15

----Respondents For Petitioner(s) : Mr. Umesh Vyas. For Respondent(s) : Mr. Chetan Kr. Jain, Ms. Harshita Sharma. For State : Mr. Yashwant Kankhadia, PP.

¶16

HON'BLE MR. JUSTICE PANKAJ BHANDARI

¶17

Order

¶18

02/09/2019

¶19

Petitioner has preferred this Criminal Writ Petition seeking fair investigation in FIR No.528/2017, registered at Police Station Kotwal, Bundi.

¶20

(2 of 2)

¶21

[CRLW-341/2018]

¶22

It is contended by counsel for the complainants and learned Public Prosecutor that Police has proposed negative final report, which is yet to be filed before the concerned Court.

¶23

It is contended by counsel for the petitioner that Police earlier also submitted negative final report, in which Court has directed that action be taken against Investigating Officer and has referred the matter to the Police for further investigation.

¶24

Apex Court in “ Sakiri Vasu vs. State of U.P. & Ors. AIR 2008 SC Page 907” has held that the Judicial Magistrate has very wide powers to enquire about the investigation and for monitoring the investigation to ensure that the investigation is done properly. Apex Court has further observed that the High Court should discourage the practice of filing Writ Petitions or petitions under Section 482 Cr.P.C. simply because a person has a grievance that investigation has not been done properly by the Police. For this grievance, the remedy lies before the Magistrate concerned.

¶25

In view of the same, I do not find any force in the Criminal Misc. Petition and the same is accordingly disposed.

¶26

However, petitioner would be free to approach the Magistrate concerned and move appropriate application, as advised.

¶27

(PANKAJ BHANDARI),J

¶28

CHANDAN /97

Lokesh Thakur v. State of Rajasthan and Ors.

Case brief

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Lokesh Thakur v. State of Rajasthan and Ors.

Case brief

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