Dismissed

Aisa @ Mamka v. State of Rajasthan

Rajasthan HC2 Mar 2022CRLMP/562/2022

Case brief

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What is this about?

The High Court entertained a criminal miscellaneous petition under Section 482 CrPC alleging improper investigation. Upholding superior court precedents mandating fair investigation, the court directed the Commissioner, Jodhpur to consider the petitioner's representation and ensure a transparent investigation within two weeks if filed. The stay application was disposed of accordingly.

What did the court decide?

Direction to Commissioner, Jodhpur to consider petitioner's representation and ensure fair investigation.

Aisa @ Mamka Vs State of Rajasthan — Criminal Trial and Appeal | 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. 562/2022

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Aisa @ Mamka W/o Ayub Khan, Aged About 21 Years, R/o Gali No. 8, Sundsr Balaji Colony, Rajeev Gandhi Nagar, Chopasani, Jodhpur (Raj.)

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----Petitioner

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Versus

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State Of Rajasthan

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Ayub Khan S/o Amdin, R/o Village Dayakor, Tehsil Phalodi, District Jodhpur (Raj)

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Iqbal S/o Amdin, R/o Village Dayakor, Tehsil Phalodi, District Jodhpur (Raj)

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Saddam S/o Amdin, R/o Village Dayakor, Tehsil Phalodi, District Jodhpur (Raj)

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Khatija W/o Iqbal, R/o Village Dayakor, Tehsil Phalodi, District Jodhpur (Raj)

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Khatija D/o Amdin, R/o Village Dayakor, Tehsil Phalodi, District Jodhpur (Raj)

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----Respondents

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For Petitioner(s) : Mr. Om Prakash Kumawat through V.C. For Respondent(s) : Mr. Andaram Choudhary, Public Prosecutor

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JUSTICE DINESH MEHTA

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Order

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02/03/2022

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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.11/2022, P.S. Mahila Thana, District Jodhpur City (West) for the offences under Sections 498-A, 406 & 323 of the Indian Penal Code.

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Hon’ble the Supreme Court, in the cases of Manoj Kumaria

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S hankaria Vs. State of Rajasthan & Anr. [ 2014(3) Raj. CriC

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(2 of 2)

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[CRLMP-562/2022]

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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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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 Commissioner, Jodhpur 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 Commissioner, Jodhpur 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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29-Ramesh/-

Aisa @ Mamka v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Aisa @ Mamka v. State of Rajasthan

Case brief

What is this about?

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