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Kanwar Raj Singh v. State of Rajasthan

Rajasthan HC4 Mar 2022CRLMP/214/2022

Case brief

AI extract

What is this about?

The High Court disposed of a criminal miscellaneous petition under Section 482 CrPC filed by Kanwar Raj Singh, alleging improper investigation. The court directed the Superintendent of Police, Jaisalmer, to consider any representation and documents submitted by the petitioner within two weeks before forming an opinion and ensure fair investigation. The stay application was also disposed of.

What did the court decide?

Direction to Superintendent of Police, Jaisalmer to consider petitioner's representation and ensure fair investigation; stay application disposed of.

Kanwar Raj Singh Vs State of Rajasthan — Constitutional and Fundamental Rights | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 214/2022

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Kanwar Raj Singh S/o Jagmal Singh, Aged About 37 Years, Bhadariya, Lathi Dist. Jaisalmer.

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----Petitioner

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Versus

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

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The Superintendent Of Police, Jaisalmer.

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Station House Officer, P.s. Lathi Dist. Jaisalmer.

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----Respondents

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For Petitioner(s) : Mr. Vinod Kumar Sharma For Respondent(s) : Mr. Vikram Sharma, P. P.

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JUSTICE DINESH MEHTA

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Order

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04/03/2022

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By way of the present petition, filed under Section 482 of the Code of Criminal Procedure, the petitioner has alleged that the Investigating Officer is not conducting proper investigation in relation to FIR No.0041/2021 P.S. Lathi, District Jaisalmer, for the offences under Sections 143, 427, 341, 323 & 307 of the Indian Penal Code.

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Hon’ble the Supreme Court, in the cases of Manoj Kumaria S hankaria Vs. State of Rajasthan & Anr. [ 2014(3) Raj. CriC 965 ], Narayan Singh Vs. State of Rajasthan & Anr. [ 2013(1) Cr.L.R. 264 ] and Azia Begum Vs. State of Maharashtra & Anr. [ 2012(1) RLW 835 ], has held that a fair and proper investigation is fundamental to rule of law; it is necessary to meet the ends of justice.

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(2 of 2)

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[CRLMP-214/2022]

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In the cases of Shyam Singh Vs. State of Rajasthan & Anr. [ 2015(3) Cr.L.R. 1375 ] and Gopal Nath Vs. State of Rajasthan & Anr. [2015(4) Cr.L.R. 1617], while relying upon the judgment of Hon’ble the Supreme Court rendered in the case of Aresh Kumar Vs. State of Bihar & Anr. [ (2014) 8 SCC 273 ] , the petitioner therein was asked to submit a representation before the investigating officer with a corresponding direction to the investigating officer to consider representation and documents so submitted, 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, Jaisalmer within a period of two weeks from today, the same shall be considered at the time of investigation.

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Hence, the present misc. petition is disposed of with direction to the Superintendent of Police, Jaisalmer to consider petitioner’s representation (if filed) and ensure fair investigation, in accordance with law.

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The stay application also stands disposed of accordingly.

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(DINESH MEHTA),J

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56-A.Arora/-

Kanwar Raj Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kanwar Raj Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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