Dismissed

Shyam Sunder Sharma S/O Shri Reghuvar Dayal Sahrma, v. State of Rajasthan

Rajasthan HC5 Dec 2022CRLMP/9007/2022

Case brief

AI extract

What is this about?

The Rajasthan High Court dismissed a criminal miscellaneous petition filed for fair investigation, holding that the Court should not interfere merely due to grievance regarding post-FIR investigation, referencing a Supreme Court precedent.

What did the court decide?

The criminal miscellaneous petition was dismissed; petitioner directed to approach concerned Magistrate.

Shyam Sunder Sharma S/O Shri Reghuvar Dayal… — Writ and Judicial Review | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Criminal Miscellaneous (Petition) No.

¶3

9007/2022

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Shyam Sunder Sharma S/o Shri Reghuvar Dayal Sharma, Aged About 70 Years, R/o Cinema Choraha Shahar, Sawai Madhopur (Raj).

¶5

----Petitioner

¶6

Versus

¶7

State Of Rajasthan, Through Public Prosecutor, Rajasthan High Court, Jaipur Bench, Jaipur.

¶8

Director General Of Police, Police Headquarter, Lal Kothi, Jaipur (Raj).

¶9

Superintendent Of Police, Sawai Madhopur (Raj).

¶10

Station House Officer, Police Station Kotwali, Sawai Madhopur (Raj).

¶11

Smt. Saraswati Devi W/o Prabhu Lal, R/o Cinema Choraha Shahar, Sawai Madhopur (Raj).

¶12

Satya Prakash @ Satya Narayan S/o Sugam Chand, R/o Telan Panseri Balaji, Shahar Sawai Madhopur (Raj).

¶13

----Respondents

¶14

For Petitioner(s) : Mr. D.D. Khandelwal, Adv. Mr. Raj Saini, Adv. For : Mr. Imran Khan, PP Respondent(s)

¶15

HON'BLE MR. JUSTICE UMA SHANKER VYAS

¶16

Order

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05/12/2022

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(2 of 3) [CRLMP-9007/2022]

¶19

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

¶20

A complaint has been filed by the complainant before the concerned Judicial Magistrate which was forwarded under Section 156(3) Cr.P.C. to the concerned police station whereupon the present FIR came to be registered.

¶21

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

¶22

Hon'ble Apex Court in the case of S akiri V

¶23

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.

¶24

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

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(3 of 3)

¶26

[CRLMP-9007/2022]

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

¶28

(UMA SHANKER VYAS),J

¶29

GAURAV SHARMA /15

Shyam Sunder Sharma S/O Shri Reghuvar Dayal Sahrma, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Shyam Sunder Sharma S/O Shri Reghuvar Dayal Sahrma, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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