Disposed

Shrawannath v. State of Rajasthan

Rajasthan HC21 Sept 2021CRLMP/2756/2021

Case brief

AI extract

What is this about?

The Single Judge of the High Court of Rajasthan disposed of a criminal miscellaneous petition seeking fair investigation in an FIR involving sexual offences. The court directed the Superintendent of Police to consider the petitioner's representation and documents submitted within 15 days and ensure a fair investigation.

What did the court decide?

Direction to the Superintendent of Police, Nagaur to consider the petitioner's representation along with relevant documents, if submitted within 15 days, and ensure fair investigation.

Shrawannath Vs State of Rajasthan — Criminal Trial and Appeal | 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. 2756/2021

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Shrawannath S/o Sh. Jairam Nath, Aged About 37 Years, Village Devla Mada, Tehsil Degana, Dist. Nagaur (Raj.).

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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S.H.O. Police Station Degana, Tehsil Degana, Dist. Nagaur.

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Ramchandra Jat S/o Sh. Genaram, Village Devla Mada, Tehsil Degana, Dist. Nagaur.

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----Respondents

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For Petitioner(s) : Mr. Yashpal Khileree For Respondent(s) : Mr. M.S. Bhati, PP

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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21/09/2021

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In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

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The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. seeking fair investigation in FIR No.0053/2021 registered at Police Station Degana, District Nagaur lodged for the offence under Sections 354, 354-A, 354-B, 376/511 of IPC and Sections 7, 8 & 10 of POCSO Act.

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Counsel for the petitioner submits that 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 &

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(2 of 2)

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[CRLMP-2756/2021]

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Anr., 2012(1) RLW 835 , 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 Rajasthan & Anr., 2015(4) Cri.L.R. 1617 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, Nagaur within a period of fifteen 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, Nagaur to consider the representation alongwith all the relevant documents, if submitted by the petitioner within a period of fifteen days from today, and shall ensure that fair investigation strictly in accordance with law is conducted by the concerned I.O.

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Stay petition also stands disposed of.

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(DR.PUSHPENDRA SINGH BHATI),J.

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28-Zeeshan

Shrawannath v. State of Rajasthan

Case brief

What is this about?

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Shrawannath v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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