Public) in Rajasthan Bench at Jaipur. The petitioner sought directions for fair investigation regarding an FIR for various IPC offences, but the court stayed proceedings due to lack of appearance by petitioner's counsel and availability of alternative remedies with the Magistrate.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 1353/2023
Avnish Kumar Meena S/o Shri Pappu Lal Meena, Aged About 32 Years, Resident Of Ramsinghpura, Kanota, Jaipur City (East), Jaipur, Rajasthan.
----Petitioner
Versus
----Respondents
For Petitioner(s) : None For Respondent(s) : Mr. Imran Khan, PP
HON'BLE MR. JUSTICE BIRENDRA KUMAR
Order
13/03/2023
Harish Uppal Vs. Union of India & Anr. reported in (2003) 2
SCC 45 that such non-cooperation in judicial proceeding is not only punitive one rather the Court is empowered to proceed in the
[CRLMP-1353/2023]
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listed judicial matters according to the law even in absence of the parties and their Advocates.
“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.”
[CRLMP-1353/2023]
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The aforesaid view was reiterated in Sudhir Bhaskarrao
Rao Tambe Vs. Hemant Yashwant Dhage and Ors . reported in 2016 (6) SCC 277.
(BIRENDRA KUMAR),J
Sunita/12
1 issue framed by the court
Whether the High Court should entertain a petition for fair investigation when the aggrieved person has statutory remedies available before the Magistrate.
Colour shows how this judgement treated each authority
Harish Uppal Vs. Union of India & Anr.Referred¶19
Ex-Capt. Harish Uppal Vs. Union of India & Anr.
Sakiri Vasu vs. State of U.P.Referred¶27
Sakiri Vasu Vs. State of U.P. & Ors. reported in AIR 2008 SC 907 · Who else cites this
Sudhir Bhaskarrao Rao Tambe Vs. Hemant Yashwant Dhage and Ors.Referred¶31
Sudhir Bhaskarrao Rao Tambe Vs. Hemant Yashwant Dhage and Ors. reported in 2016 (6) SCC 277 · Who else cites this
M. Subramaniam and Anr. Vs. S. Janaki and Anr.Referred¶33
M. Subramaniam and Anr. Vs. S. Janaki and Anr. reported in 2020 (16) SCC 728 · Who else cites this
Avnish Kumar Meena
State Of Rajasthan, Through P.p.
Commissioner Of Police, Police Commissionerate, M.i. Road, Jaipur, Rajasthan
BIRENDRA KUMAR
As recorded by the court registry
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