Dismissed

Smt. Ankita Agarwal, Wife of Abhishek Agarwal, Daughter of Shri Ashok Goyal, v. State of Rajasthan

Rajasthan HC1 Mar 2023CRLMP/1190/2023

Case brief

AI extract

What is this about?

An unmarried wife sought a direction for fair investigation of an FIR registered against her husband under Sections 498-A and 406 IPC. The court declined to entertain the petition, directing the petitioner to approach the concerned Magistrate under Section 156(3) Cr.P.C. instead of filing a writ under Article 226 or a petition under Section 482 Cr.P.C.

What did the court decide?

The petition was disposed of with a direction to the petitioner to approach the competent Judicial Magistrate.

Smt. Ankita Agarwal, Wife of Abhishek… — Civil Procedure and Limitation | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 1190/2023

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Smt. Ankita Agarwal, Wife Of Abhishek Agarwal, Daughter Of Shri Ashok Goyal, Aged About 35 Years, Resident Of 601, Shyamdham Apartment, Madho Singh Circle, Bani Park, 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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State Of Rajasthan, Through Principal Secretary, Department Of Home Affairs, Government Of Rajasthan, Secretariat, Jaipur.

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Station House Officer, Police Station- Mahila Thana, Jaipur West.

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----Respondents

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For Petitioner(s) : None For Respondent(s) : Mr. Atul Sharma, PP

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HON'BLE MR. JUSTICE BIRENDRA KUMAR Order 01/03/2023

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No one appears for the petitioner.

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Heard learned Public Prosecutor for the State.

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The petitioner has approached this court for issuing direction for fair investigation of FIR No.0056/2021 registered with Police Station Mahila Thana, District-Jaipur (West) for offences under Sections 498-A, and 406 of IPC.

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Learned Magistrate has ample powers under the Code of Criminal Procedure to monitor fair investigation of a case and The Hon’ble Supreme Court has consistently stated that instead of invoking jurisdiction under Article 226 of The Constitution of India or under Section 482 of Cr.P.C, the aggrieved person should

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[CRLMP-1190/2023]

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(2 of 3)

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approach the learned Magistrate itself who has got ample power under Cr.P.C to do the needful.

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In Sakiri Vasu Vs. State of U.P. & Ors. reported in AIR 2008 SC 907, the Hon’ble Supreme Court stated in para 27 as follows:-

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“27. As we have already observed above, 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 (though he cannot investigate himself). 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 his FIR has not been registered by the police, or after being registered, proper investigation has not been done by the police. For this grievance, the remedy lies under Sections 36 and 154(3) before the concerned police officers, and if that is of no avail, under Section 156(3) Cr.P.C. before the Magistrate or by filing a criminal complaint under Section 200 Cr.P.C. and not by filing a writ petition or a petition under Section 482, Cr.P.C.”

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The aforesaid view was reiterated in Sudhir Bhaskarrao

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Rao Tambe Vs. Hemant Yashwant Dhage and Ors . reported

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in 2016 (6) SCC 277.

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Again in M. Subramaniam and Anr. Vs. S. Janaki and Anr. reported in 2020 (16) SCC 728, a three Judges Bench of Hon’ble Supreme Court reiterated the view taken in Sakiri Vasu (supra).

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Considering the fact that the petitioner is not remediless for redressal of his grievance, this court is not inclined to entertain this petition. The petitioner may approach the Magistrate concerned.

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[CRLMP-1190/2023]

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(3 of 3)

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With the aforesaid observation, the instant petition stands disposed of.

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If the petitioner approaches the Magistrate concerned, the learned Judicial Magistrate shall proceed according to law expeditiously.

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(BIRENDRA KUMAR),J

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Sunita/9

Smt. Ankita Agarwal, Wife of Abhishek Agarwal, Daughter of Shri Ashok Goyal, v. State of Rajasthan

Case brief

What is this about?

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Smt. Ankita Agarwal, Wife of Abhishek Agarwal, Daughter of Shri Ashok Goyal, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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