The High Court of Rajasthan disposed of a criminal miscellaneous petition under Section 482 Cr.P.C. filed by a prosecutrix seeking direction for further investigation. The court granted liberty to file a fresh application before the trial court, citing Sakiri Vasu.
Petition disposed of; liberty to file fresh application before trial court.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 600/2021
Salma Bano W/o Akbar Khan, Aged About 26 Years, B/c Teli Musalman, R/o Jaitpur, P.s. Rohat, Tehsil Rohat, Dist. Pali.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Panney Singh, through V.C. For Respondent(s) : Mr. Mukhtiyar Khan, PP.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
04/03/2021
The instant criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner for direction given to the Police Authority to do further and fair investigation in connection with FIR No.267/2020 lodged at Police Station Rohat, District Pali for offence under Section 376 IPC.
Learned counsel for the petitioner through Video call submits that the petitioner is prosecutrix and she gave statements under Section 164 Cr.P.C. before the Court, but the Investigating Officer ignoring the averments made in the FIR as well as statement recorded under Section 164 Cr.P.C and filed the final negative report against the principle of natural justice, which was not acceptable in eye of law. He further submits that the act of the
(2 of 2)
[CRLMP-600/2021]
Investigating agency is highly reckless. On this count alone further investigation is required in this matter.
Learned Public Prosecutor has submitted a report dated 03.03.2021 received from the Police Station Rohat, District Pali, in which it has been mentioned that after thorough investigation Police submits final report in this case. The said report may be taken on record.
Heard learned counsel for the petitioner as well as learned Public Prosecutor.
I have considered the arguments advanced before me and perused the material available on record. In these circumstances, the present misc. petition is disposed of with liberty to the petitioner to file a fresh application before the learned trial Court as per the judgment rendered in Sakiri Vasu Vs. State of UP &
Ors. (2008) 2 SCC 409 .
(MANOJ KUMAR GARG),J
72-Priyal/-
2 issues framed by the court
Whether the Criminal Misc. petition under Section 482 Cr.P.C. filed for directing further fair investigation merits allowance.
Whether the Investigating Officer's final negative report violates the principle of natural justice.
Colour shows how this judgement treated each authority
Sakiri Vasu Vs. State of UP & Ors.Referred¶22
Sakiri Vasu Vs. State of UP & Ors. (2008) 2 SCC 409 · Who else cites this
1 provisions across 1 enactments
Salma Bano W/o Akbar Khan
State Of Rajasthan
Inspector General Of Police, Jodhpur Range
Superintendent Of Police, Pali
S.h.o., Police Station Rohat
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
