Disposed

Deva Ram v. State

Rajasthan HC25 Oct 2021CRLMP/5767/2021

Case brief

AI extract

What is this about?

The High Court disposed of a criminal miscellaneous petition under Section 482 Cr.P.C. directing the Superintendent of Police to conduct fair investigation after considering representations submitted by the petitioner within ten days, relying on Supreme Court precedents regarding fair investigation and SC/ST Act offences.

What did the court decide?

Direction to Superintendent of Police, Nagaur to consider representations within ten days and conduct fair investigation.

Deva Ram Vs State — Criminal Trial and Appeal | Rajasthan HC (2021)

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[CRLMP-5767/2021]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 5767/2021

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Deva Ram S/o Shri Chuna Ram, Aged About 72 Years, B/c Nayak, R/o Village - Rodu , Tehsil-Ladau, District Nagaur (Raj.)

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----Petitioner

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Versus

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State, Through Pp

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Iqbal S/o Mahboob Khan,

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Om Prakash S/o Narayan Sharma,

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Mahboob S/o Bhanwru Khan Bhat, Respondent No. 2 to 4 all R/o Rodu, Tehsil- Ladanu, District Nagaur (Raj.)

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----Respondents

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For Petitioner(s) : Mr. S. S. Rathore For Respondent(s) : Mr. S. K. Bhati, PP

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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25/10/2021

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The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. seeking fair investigation in FIR No. 132/2021 registered at Police Station Jaswantgarh, District Nagaur for the offences under Sections 143, 323, 341 of I.P.C. and under Sections 3(1)(r), 3(1)(S), 3(2)(VA) of SC/ST Act.

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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 has held that a fair and proper investigation is always conducive to the ends of justice and for establishing rule of

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[CRLMP-5767/2021]

law.

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.

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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, Nagaur 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, Nagaur 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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72-/vivek/-

Deva Ram v. State

Case brief

What is this about?

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Deva Ram v. State

Case brief

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