Dismissed

Sugana v. State of Rajasthan

Rajasthan HC18 Oct 2021CRLMP/5354/2021

Case brief

AI extract

What is this about?

The High Court dismissed a Criminal Miscellaneous Petition filed under Section 482 Cr.P.C. regarding alleged police inaction. The court relied on the Supreme Court judgment in Sakiri Vasu to limit the scope of the High Court, directing the petitioner to approach the Magistrate instead.

What did the court decide?

Stay petition disposed of; petitioner free to approach concerned Magistrate for inquiry into investigation progress.

Sugana 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. 5354/2021

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Sugana W/o Shri Bhala Ram, Aged About 48 Years, R/o Ward No. 28, Pilibanga, Tehsil Pilibanga District Hanumangarh.

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----Petitioner

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Versus

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State Of Rajasthan, Through Secretary, Department Of Home, Govt. Of Rajasthan, Jaipur.

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Director General Of Police, Headquarter, Rajasthan, Jaipur.

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Inspector General Of Police, Bikaner Range, Bikaner.

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The Superintendent Of Police, Sri Ganganagar.

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Station House Officer, Police Station Pilibanga District Hanumangarh.

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----Respondents

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For Petitioner(s) : Mr. Kuldeep Singh Rathore For State : Mr. Gaurav Singh, PP

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HON'BLE MR. JUSTICE PANKAJ BHANDARI

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Order

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18/10/2021

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Petitioner has preferred this Criminal Misc. Petition under Section 482 Cr.P.C. seeking fair investigation in FIR No.314/2021 registered at Police Station Pilibanga District Hanumangarh (Raj.). 2. It is contended by counsel for the petitioner that Police is not acting inspite of the complaint being sent it to the concerned Magistrate for registering the F.I.R.

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I have considered the contentions.

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Apex Court in “ Sakiri Vasu vs. State of U.P. & Ors. AIR

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2008 SC Page 907” has held that the Judicial Magistrate has very wide powers to enquire about the investigation and for

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(2 of 2)

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[CRLMP-5354/2021]

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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 concerned Magistrate.

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In view of the Judgment of the Apex Court, I do not find any force in the Criminal Misc. Petition and the same is accordingly disposed of. Stay petition stands disposed.

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However, petitioner would be free to approach the concerned Magistrate to inquire about the progress of the investigation.

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(PANKAJ BHANDARI),J

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Amit/Nikhil/33

Sugana v. State of Rajasthan

Case brief

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Sugana v. State of Rajasthan

Case brief

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