Disposed

Suman Dhobi W/O Radhakishan Dhobi, v. State of Rajasthan

Rajasthan HC12 Dec 2022CRLMP/6084/2022

Case brief

AI extract

What is this about?

The High Court disposed of two criminal miscellaneous petitions seeking directions for fair and impartial investigation. The court held that petitioners could approach under Section 156(3) Cr.P.C. rather than institute fresh proceedings, directing the Investigating Officer to consider representations and ensure fair investigation per Sakiri Vasu guidelines.

What did the court decide?

Direction to concerned Investigating Officer/Superintendent of Police to consider representation of petitioners and ensure fair investigation within two weeks as per Sakiri Vasu principles.

Suman Dhobi W/O Radhakishan Dhobi, Vs State of… — Criminal Trial and Appeal | 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. 10114/2022

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Rajaram Balai S/o Nathu Lal, R/o Behind Of Old Police Station, Ghar Road, Village Dooni, Police Station Dooni, District Tonk (Raj).

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----Petitioner

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Versus

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State Of Rajasthan, Through The Learned Public Prosecutor.

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----Respondent

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Connected With

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S.B. Criminal Miscellaneous (Petition) No. 6084/2022

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Suman Dhobi W/o Radhakishan Dhobi, R/o Village - Duni,, District Tonk, Presently Residing At Flat No. 33/ka/ 06, First Floor, Sector-28, Pratap Nagar, Jaipur, Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan, Through Public Prosecutor.

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Rajaram Balai S/o Nathulal Balai, Aged About 45 Years, R/o Village Duni, Purane Thane Ke Piche, Ghad Road, Police Station Duni, District Tonk, Rajasthan.

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----Respondents

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For Petitioner(s)	: Mr. Ashindra Gautam, Adv. Mr. Rakesh Chandel, Adv. on behalf of Mr. P.C. Bhandari, Adv.
For Respondent(s)	: Mr. Mangal Singh Saini, PP
	Mr. Ashindra Gautam, Adv. in S.B. Criminal Miscellaneous (Petition) No. 6084/2022

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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12/12/2022

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Both these petitions have been filed by the complainant Rajaram Balai and the accused Suman Dhobi with a prayer for

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(2 of 3)

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[CRLMP-10114/2022]

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issuing direction for conducting fair and impartial investigation in FIR No.37/2022, registered with police station Pratap Nagar, District Jaipur City (East).

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Learned counsel for the petitioners submit that the investigating agency is not conducting fair and impartial investigation. They, therefore, pray for issuing directions for fair, impartial and expeditious investigation in these matters.

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Seeking fair, impartial and expeditious investigation is a fundamental right of a person/complainant/accused. Taking into consideration the facts and circumstances of the case and in view of the prayer made by the petitioner/complainant, this Court is of the view that the petitioners must proceed under the provisions of Code of Criminal Procedure as laid down by the Hon’ble Apex Court in the case of Sakiri Vasu Vs. State Of U.P. And Others

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reported in 2008 (2) SCC 409 wherein the Hon’ble Apex Court has laid down as under:-

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“15. Section 156(3) provides for a check by the Magistrate on the police performing its duties under Chapter XII Cr.P.C. In cases where the Magistrate finds that the police has not done its duty of investigating the case at all, or has not done it satisfactorily, he can issue a direction to the police to do the investigation properly, and can monitor the same.”

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“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-incharge of the concerned police station, such aggrieved person can approach the Superintendent of Police or other police officer superior in rank to the officer-incharge 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).”

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(3 of 3) [CRLMP-10114/2022]

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Learned Public Prosecutor assures this Court that fair and transparent investigation shall be made, in case the petitioner/complainant submits a representation along with all relevant documents before the concerned Investigating Officer/Superintendent of Police within a period of 2 weeks from today, the same shall be considered as per law.

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The present misc. petitions are thus disposed of with direction to the concerned Investigating Officer/Superintendent of Police to consider the representation of both the petitioners and ensure fair investigation in accordance with law as has been laid down by the Hon’ble Apex Court in the case of Sakiri Vasu (supra).

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Stay application and all pending applications (if any), also stand disposed of.

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A copy of this order be placed in connected file.

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(ANOOP KUMAR DHAND),J

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PRAVESH/36-37

Suman Dhobi W/O Radhakishan Dhobi, v. State of Rajasthan

Case brief

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Suman Dhobi W/O Radhakishan Dhobi, v. State of Rajasthan

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