Dismissed

Ramkumar S/O Shyonarayan, v. State of Rajasthan

Rajasthan HC5 Dec 2022CRLMP/3344/2022

Case brief

AI extract

What is this about?

The Rajasthan High Court dismissed a criminal miscellaneous petition filed by a complainant seeking fair investigation and monitoring of police proceedings, distinguishing the matter from limits on judicial interference.

What did the court decide?

The criminal miscellaneous petition was dismissed. The petitioner is at liberty to approach the concerned Magistrate for redressal of grievance.

Ramkumar S/O Shyonarayan, Vs State of… — Civil Procedure and Limitation | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No.

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3344/2022

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Ramkumar S/o Shyonarayan, Aged About 76 Years, R/o Hudiya Kala, Tehsil Neemrana, Presently R/o Kishangarh, Tehsil, District Hisar, Haryana.

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----Petitioner

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Versus

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State Of Rajasthan, Through Public Prosecutor.

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The Director General Of Police, Rajasthan, Jaipur.

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The Superintendent Of Police, Police District Bhiwadi, Alwar.

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The S.h.o Police Station Mandhan, Police District Bhiwadi, District Alwar.

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----Respondents

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For Petitioner(s) : Mr. Ashvin Garg, Adv. For : Mr. Mahendra Meena, PP Respondent(s)

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HON'BLE MR. JUSTICE UMA SHANKER VYAS

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Order

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05/12/2022

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The petitioner-complainant has preferred this criminal miscellaneous petition seeking fair investigation.

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A complaint has been filed by the complainant before the concerned Judicial Magistrate which was

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(2 of 2) [CRLMP-3344/2022]

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forwarded under Section 156(3) Cr.P.C. to the concerned police station whereupon the present FIR came to be registered.

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Heard learned counsel for petitioner as well as learned Public Prosecutor.

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Hon'ble Apex Court in the case of S akiri Vasu Vs. State of U.P. & Ors., AIR 2008 SC Page 907 has held that the Magistrate has very wide powers to direct registration of an FIR and to ensure a proper investigation and for this purpose, he can monitor the investigation to ensure that the investigation is done properly. The High Court should discourage the practice of filing a writ petition or petition under Section 482 Cr.P.C. simply because a person has a grievance that after registration of FIR, proper investigation has not been done by the police.

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In view of above, this Court is not inclined to entertain the criminal miscellaneous petition. The same is accordingly dismissed.

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However, the petitioner would be at liberty to approach the concerned Magistrate for redressing his grievance.

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(UMA SHANKER VYAS),J

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GAURAV SHARMA /42

Ramkumar S/O Shyonarayan, v. State of Rajasthan

Case brief

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Ramkumar S/O Shyonarayan, v. State of Rajasthan

Case brief

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