A criminal miscellaneous petition was filed seeking investigation in an FIR for murder. The court noted the Public Prosecutor's report stating that the police intended to submit a final investigation report, thereby rendering the petition infructuous and dismissing it.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 102/2023
Hitesh S/o Shri Kishan Lal, Aged About 32 Years, R/o In Front Of Vidhayak Aawas, Near Jain Temple, Sardarpura, Kotwali, Barmer, District Barmer (Raj.)
----Petitioner
----Respondents
For Petitioner(s) : Mr. Surendra Bagmalani For Respondent(s) : Ms. Anita Gehlot, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order
13/04/2023
The instant misc. petition has been filed by the petitioner for fair and impartial investigation in FIR No.315/2022, Police Station Kotwali Barmer, District Barmer for offences under Sections 302 and 34 of IPC.
Learned Public Prosecutor has submitted a report received dated 13.04.2023 from the SHO, Police Station Kotwali Barmer, District Barmer wherein it has been mentioned that Police is going to submit a Final Report in this case. The said report is hereby taken on record.
In view of the aforesaid facts and circumstances, the present misc. petition has become infructuous and dismissed accordingly.
(MANOJ KUMAR GARG),J
82-Rashi/-
1 issue framed by the court
Whether the criminal miscellaneous petition for investigation in FIR remains maintainable as the police intend to submit a final report.
2 provisions across 1 enactments
Hitesh S/o Shri Kishan Lal
State Of Rajasthan
Superintendent Of Police, Barmer
Station House Officer, Police Station Kotwali Barmer
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
