Dismissed

Kavita v. State

Rajasthan HC22 Oct 2021CRLMP/1167/2021

Case brief

AI extract

What is this about?

This order dispenses with a criminal miscellaneous petition filed for fair investigation under Section 482 Cr.P.C. regarding offences under IPC and SC/ST Act. After noting the absence of parties, the court directed the Commissioner of Police to consider the petitioner's representation submitted within ten days and conduct a fair investigation in accordance with law.

What did the court decide?

Directed the Commissioner of Police, Jodhpur to consider the petitioner's representation with relevant documents submitted within ten days and conduct fair investigation in accordance with law.

Kavita Vs State — Caste Atrocities | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Criminal Misc(Pet.) No. 1167/2021

¶3

Smt. Kavita W/o Shri Ratan Baori, Aged About 27 Years, R/o Rajeev Gandhi Nagar Kachchi Basti, Kudi Bhagtasani, Tehsil Luni, District Jodhpur (Rajasthan).

¶4

----Petitioner

¶5

Versus

¶6

State, Through P.p.

¶7

The Commissioner Of Police, Jodhpur Police Commissionerate, Jodhpur.

¶8

S.h.o. Kudi Bhagtasani Police Station, Jodhpur.

¶9

----Respondents

¶10

For Petitioner(s) : None For Respondent(s) : Mr. S.K. Bhati, PP

¶11

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

¶12

Order

¶13

22/10/2021

¶14

The case was listed on 21.10.2021 but nobody was present.

¶15

Even today, nobody is present to argue the matter.

¶16

The petitioner has preferred this criminal misc. petition under

¶17

Section 482 Cr.P.C. seeking fair investigation in FIR No. 0377/2018 registered at Police Station Kudi Bhagtasani, District Jodhpur for the offences under Sections 323, 324, 341 & 354 of IPC after adding Section 307 of IPC and SC/ST Act.

¶18

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

¶19

(2 of 2)

¶20

[CRLMP-1167/2021]

¶21

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.

¶22

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.

¶23

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 Commissioner of Police, Jodhpur within a period of ten days from today, then the same shall be considered at the time of investigation.

¶24

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 of Police, Jodhpur 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.

¶25

(VINIT KUMAR MATHUR),J

¶26

200-/Vivek/Shahenshah/-

Kavita v. State

Case brief

What is this about?

What did the court decide?

Kavita 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

Ramu Ram Vs State of Rajasthan

Umeda Ram Vs State of Rajasthan

Jasoda Mewara Vs State

Monu Vs State of Rajasthan

Rajeev Kumar Sharma Vs State of Rajasthan

Ramakishan Vs State