Disposed

Abhishek Jain v. State of Rajasthan

Rajasthan HC10 Mar 2022CRLMP/979/2022

Case brief

AI extract

What is this about?

The High Court disposed of a criminal miscellaneous petition filed under Section 482 CrPC alleging negligent investigation. The Court directed the Commissioner of Police to consider the petitioners' representation and ensure a fair investigation into offences under Sections 420 and 406 IPC, relying on Supreme Court precedents regarding fair investigations.

What did the court decide?

Direction to the Commissioner of Police, Jodhpur to consider the petitioners' representation (if filed) and ensure fair investigation.

Abhishek Jain Vs State of Rajasthan — Cheating and Forgery | 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. 979/2022

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Abhishek Jain S/o Shri Mahaveer Jain, Aged About 35 Years, B/c Jain, R/o Tagore Nager, Pali. At Present Sanjivani Ananda, Maan Ji Ka Hattha, Jodhpur.

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Smt. Priyanka W/o Abhishek Jain, Aged About 32 Years, B/c Jain, R/o Tagore Nager, Pali. At Present Sanjivani Ananda, Maan Ji Ka Hattha, Jodhpur.

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----Petitioners

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Versus

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State Of Rajasthan, Through Pp

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Director General Of Police, Jaipur.

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Police Commissioner, Jodhpur Commissionerate.

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S.h.o., Police Station Sardarpura Jodhpur City West.

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----Respondents

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For Petitioner(s) : Mr. Hasti Mal Saraswat For Respondent(s) : Mr. S. K. Bhati, P. P.

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JUSTICE DINESH MEHTA

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Order

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10/03/2022

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By way of the present petition, filed under Section 482 of the Code of Criminal Procedure, the petitioners have alleged that the Investigating Officer is not conducting proper investigation in relation to FIR No.23/2022, P.S. Sardarpura, Jodhpur (West), for the offences under Sections 420 & 406 of the Indian Penal Code.

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Hon’ble the Supreme Court, in the cases of Manoj Kumaria S hankaria Vs. State of Rajasthan & Anr. [ 2014(3) Raj. CriC 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

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(2 of 2)

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[CRLMP-979/2022]

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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 petitioners therein were 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 petitioners submit a representation along with all the relevant documents before the Commissioner of Police, 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 of Police, Jodhpur to consider petitioners’ 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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186-A.Arora/-

Abhishek Jain v. State of Rajasthan

Case brief

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Abhishek Jain v. State of Rajasthan

Case brief

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