Disposed

Smt Parvati v. State

Rajasthan HC3 Feb 2021CRLMP/3222/2020

Case brief

AI extract

What is this about?

This Criminal Miscellaneous petition was disposed of by directing the Superintendent of Police to consider the petitioner's representation submitted within ten days and ensure fair investigation in accordance with law, supported by relevant precedents.

What did the court decide?

Supervisor of Police directed to consider the petitioner's representation if submitted within ten days and conduct fair investigation.

Smt Parvati Vs State — Criminal Trial and Appeal | Rajasthan HC (2021)

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(1 of 2)

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[CRLMP-3222/2020]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 3222/2020

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Smt Parvati W/o Shri Gordhan Ram, Aged About 25 Years, By Caste Jat, R/o Ramji Ka Gole Fanta, Gudamalani, Barmer (Raj.).

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----Petitioner

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Versus

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State, Through P.p.

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The Superintendent Of Police, Barmer (Raj.). 3. S.h.o., Police Station Gudamalani, District Barmer (Raj.).

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----Respondents

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For Petitioner(s)	: Mr. Suresh Kumar Gaur
For Respondent(s)	: Mr. Mukesh Trivedi,PP

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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03/02/2021

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In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

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The petitioner has preferred this misc. petition under Section 482 of Cr.P.C. for fair investigation FIR No.207/2020 lodged at P.S. Gudamalani, District Barmer for the offence under Sections 458 and 354 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.

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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.

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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.,

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(2 of 2)

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[CRLMP-3222/2020]

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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, Barmer 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, Barmer 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 accordance with law.

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(DR.PUSHPENDRA SINGH BHATI),J.

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182-Nirmala/Sanjay/-

Smt Parvati v. State

Case brief

What is this about?

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Smt Parvati v. State

Case brief

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