Petitioner complained of lack of effective investigation despite lodging an FIR. Court noted no charge-sheet filed and directed police to conduct investigation fairly under Sakiri Vasu principles.
Petitioner’s representation to be considered appropriately; fair investigation ensured.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 4487/2022
Bhaira Ram S/o Magna Ram, Aged About 52 Years, Sarpanch, Gram Panchayat Meli V/p Meli, Teh. Siwana, Dist. Barmer (Raj.).
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Ms. Neha Singaria |
|---|---|
| For Respondent(s) | : Mr. Anees Bhurat,Public Prosecutor |
JUSTICE DINESH MEHTA
Order
27/08/2022
(2 of 3)
[CRLMP-4487/2022]
30. It may be further mentioned that in view of Section 36 Cr.P.C. if a person is aggrieved that a proper investigation has not been made by the officer-in-charge of the concerned police station, such aggrieved person can approach the Superintendent of Police or other police officer superior in rank to the officer-in-charge of the police station and such superior officer can, if he so wishes, do the investigation vide CBI vs. State of Rajasthan and another 2001 (3) SCC 333 (vide para 11), R.P. Kapur vs. S.P. Singh AIR 1961 SC 1117 etc. Also, the State Government is competent to direct the Inspector General, Vigilance to take over the investigation of a cognizable offence registered at a police station vide State of Bihar vs. A.C. Saldanna (supra).”
(3 of 3)
[CRLMP-4487/2022]
(DINESH MEHTA),J
15-Ramesh/-
1 issue framed by the court
Whether the impugned first information report was lodged and investigation conducted effectively in the instant case.
Colour shows how this judgement treated each authority
Sakiri Vasu Vs. State of Uttar Pradesh & Ors.Explained¶21
Sakiri Vasu Vs. State of Uttar Pradesh & Ors. : 2008 (2) SCC 409 · Who else cites this
CBI vs. State of Rajasthan and anotherExplained¶22
CBI vs. State of Rajasthan and another 2001 (3) SCC 333 · Who else cites this
R.P. Kapur vs. S.P. SinghExplained¶22
R.P. Kapur vs. S.P. Singh AIR 1961 SC 1117 · Who else cites this
State of Bihar vs. A.C. SaldannaExplained¶22
State of Bihar vs. A.C. Saldanna
Bhaira Ram S/o Magna Ram
State Of Rajasthan
Superintendent Of Police, Barmer
S.H.O. P.S. Siwana, Dist. Barmer
Jai Singh S/o Kan Singh
Shambhu Singh S/o Lal Singh
DINESH MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
