Dismissed

Bajrang Lal Son of Late Shri Jagan, Adopted Son of Late Shri Shobha Ram, v. State of Rajasthan

Rajasthan HC17 Jan 2023CRLMP/182/2023

Case brief

AI extract

What is this about?

The single-judge High Court of Rajasthan rejected a criminal miscellaneous petition seeking fair investigation. The court held that it would not entertain petitions where the complainant has already approached the Magistrate under Section 156(3) Cr.P.C., relying on the Apex Court's guidance that such petitions are generally not maintainable for investigative grievances. The petitioner was directed

What did the court decide?

Petition dismissed; Liberty granted to approach the concerned Magistrate for redressing the grievance.

Bajrang Lal Son of Late Shri Jagan, Adopted Son… — Criminal Trial and Appeal | 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. 182/2023

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Bajrang Lal Son Of Late Shri Jagan, Adopted Son Of Late Shri Shobha Ram, Aged About 75 Years, Resident Of Shiv Colony, Singhana, Police Station Singhana, District Jhunjhunu (Raj).

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p.

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Superintendent Of Police, Jhunjhunu District Jhunjhunu (Raj).

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Deputy Superintendent Of Police, Buhana, District Jhunjhunu (Raj).

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S.h.o. Police Station Singhana, District Jhunjhunu (Rajasthan).

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----Respondents

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For Petitioner(s) : Ms. Aradhana Swami, Adv. For : Mr. M.S. Saini, PP

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Respondent(s)

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HON'BLE MR. JUSTICE UMA SHANKER VYAS

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Order

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17/01/2023

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The petitioner-complainant has preferred this

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criminal miscellaneous petition seeking fair investigation.

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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

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(2 of 2) [CRLMP-182/2023]

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concerned police station whereupon the present FIR came to be registered.

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Heard learned counsel for petitioner as well as learned Public Prosecutor.

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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.

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In view of above, this Court is not inclined to entertain the criminal miscellaneous petition. The same is accordingly dismissed.

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However, the petitioner would be at liberty to approach the concerned Magistrate for redressing his grievance.

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(UMA SHANKER VYAS),J

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GAURAV SHARMA /46

Bajrang Lal Son of Late Shri Jagan, Adopted Son of Late Shri Shobha Ram, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bajrang Lal Son of Late Shri Jagan, Adopted Son of Late Shri Shobha Ram, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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