Discusses Magistrate's powers for investigation; rejects High Court intervention even after Section 156(3) Cr.P.C. FIR unless specific circumstances exist.
Petitioner empowered to approach concerned Magistrate for redressing his grievance.
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[2023:RJ-JP:32877]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No.
10675/2022
Mahaveer Prasad Jain S/o Late Shri Teekam Chand Jain, Aged About 62 Years, R/o Sarola Kalan, Police Station Sarola Kalan, District Jhalawar, Presently Residing At Ramganj Mandi, District Kota Rural (Rajasthan).
----Petitioner
Versus
----Respondents
For Petitioner(s) : None For : Mr. Atul Sharma, P.P. Respondent(s)
HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order
03/11/2023
No one is present on behalf of the petitioner.
The petitioner-complainant has preferred this
criminal miscellaneous petition seeking fair investigation.
[CRLMP-10675/2022]
[2023:RJ-JP:32877]
(2 of 2)
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.
Hon'ble Apex Court in the case of Sakiri Vasu Vs. State of U.P. & Ors., 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.
In view of above, this Court is not inclined to entertain the criminal miscellaneous petition. The same is accordingly dismissed.
However, the petitioner would be at liberty to approach the concerned Magistrate for redressing his grievance.
(UMA SHANKER VYAS),J
DANISH USMANI /453
2 issues framed by the court
Petitioner seeking fair investigation for an alleged offence/complaint.
Whether High Court should entertain criminal miscellaneous petition seeking fair investigation after FIR registered under S. 156(3) Cr.P.C.
Colour shows how this judgement treated each authority
Sakiri Vasu Vs. State of U.P. & Ors.Referred¶23
Sakiri Vasu Vs. State of U.P. & Ors., AIR 2008 SC Page 907 · Who else cites this
2 provisions across 1 enactments
Mahaveer Prasad Jain
State Of Rajasthan
The Director General Of Police, Rajasthan
The Superintendent Of Police, District Jhalawar
The Station House Officer, Police Station Sarola
UMA SHANKER VYAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
