Disposed

Mahendra Saran v. State of Rajasthan

Rajasthan HC27 Oct 2021CRLMP/105/2021

Case brief

AI extract

What is this about?

In this criminal miscellaneous petition, the Court disposed of the matter by directing the Superintendent of Police to consider the petitioner's representation with relevant documents within ten days and conduct a fair investigation under Section 482 Cr.P.C.

What did the court decide?

Direction to Superintendent of Police, Churu to consider representation with documents within ten days and conduct fair investigation.

Mahendra Saran Vs State of Rajasthan — Constitutional and Fundamental Rights | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 105/2021

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Mahendra Saran S/o Late Shri Rameshwar Jaat, Aged About 31 Years, Jaisangsar, Sardarshahar, District Churu.

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p.

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The Superintendent Of Police, Churu.

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The Station House Officer, Sardarshahar, District Churu.

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		----Respondents
For Petitioner(s)	: Mr. Vikas Bijarnia
For Respondent(s)	: Mr. Mool Singh Bhati,	PP

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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27/10/2021

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The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. seeking fair investigation in FIR No.548/2020 registered at Police Station Sardarshahar, District Churu for the offences under Sections 307, 323, 341, 143 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 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)

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Cri.L.R. 1375 and Gopal Nath Vs. State of Rajasthan & Anr.,

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(2 of 2)

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[CRLMP-105/2021]

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2015(4) Cri.L.R. 1617, relying upon the judgment of Hon’ble Supreme Court in the case of Arnesh Kumar V/s

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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 along with all the relevant documents before the Superintendent of Police, Churu 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, Churu to consider the representation along with 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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129-praveen/-

Mahendra Saran v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mahendra Saran v. State of Rajasthan

Case brief

What is this about?

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