Disposed

Lakhan Lal S/O Jagdish Prasad, v. State of Rajasthan

Rajasthan HC27 Mar 2023CRLMP/1395/2023

Case brief

AI extract

What is this about?

The High Court held that the petitioner should approach the Magistrate under Section 156(3) Cr.P.C. for fair investigation rather than filing a writ or Section 482 Cr.P.C. petition, citing Supreme Court precedents. The petition was disposed of without any direction to the authorities.

What did the court decide?

None. The petition was disposed of with a direction to approach the Magistrate under Section 156(3) Cr.P.C.

Lakhan Lal S/O Jagdish Prasad, Vs State of… — Writ and Judicial Review | 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. 1395/2023

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Lakhan Lal S/o Jagdish Prasad, Aged About 50 Years, Resident Of Gobardhan Gate, Kasba Kumher, Bharatpur, Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan, Through Public Prosecutor (P.p).

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Superintendent Of Police (Sp), Sp Office Bharatpur, District- Bharatpur, Rajasthan.

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S H O, P..s Kumher, District Bharatpur, Rajasthan.

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Investigating Officer (I.o) FIR No. 0044/2023, P.s.Kumher, Bharatpur, District Bharatpur, Rajasthan.

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----Respondents

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For Petitioner(s) : Ms. Mamta Agarwal for Mr. Arvind Sharma For Respondent(s) : Mr. Mangal Singh Saini, PP

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HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

27/03/2023

Heard the parties.

The petitioner has approached this court for issuing direction for fair investigation of FIR No. 44/2023 registered with police station Kumher, District Bharatpur for offences under Section 364 of IPC.

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Learned Magistrate has ample power 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-1395/2023]

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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-1395/2023]

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(3 of 3)

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

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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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ashu /6

Lakhan Lal S/O Jagdish Prasad, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Lakhan Lal S/O Jagdish Prasad, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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