Dismissed

Radhey Shyam Prajapat Son of Bhonri Lal v. State of Rajasthan

Rajasthan HC18 Apr 2023CRLMP/1880/2023

Case brief

AI extract

What is this about?

The Court dismissed a S.B. Criminal Miscellaneous petition seeking directions for fair investigation. It held that the petitioner is not remediless and should approach the Magistrate under Section 156(3) Cr.P.C. instead of invoking High Court writ jurisdiction or Section 482 Cr.P.C.

What did the court decide?

Petitioner directed to approach the concerned Magistrate; petition disposed of.

Radhey Shyam Prajapat Son of Bhonri Lal Vs State… — 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. 1880/2023

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Radhey Shyam Prajapat Son Of Bhonri LaI, Resident Of Dundapura, Resident Of Near Teen Bad, Karauli, District Karauli (Raj.).

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----Petitioner

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Versus

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State Of Rajasthan, Through Public Prosecutor.

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----Respondent

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For Petitioner(s)	: Mr.	D.K. Dixit, Adv.
For Respondent(s)	: Mr.	Prashant Sharma, PP

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HON'BLE MR. JUSTICE BIRENDRA KUMAR

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Order

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18/04/2023

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Heard the parties.

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The petitioner has approached this court for issuing direction for fair investigation of FIR No.49012022 registered with Police Station Todabhim, District Karauli for offence under Section 304-B 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 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 1 54(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 Dhaqe and Ors. reported in 2016 (6) SCC 277

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5. 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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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

Radhey Shyam Prajapat Son of Bhonri Lal v. State of Rajasthan

Case brief

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Radhey Shyam Prajapat Son of Bhonri Lal v. State of Rajasthan

Case brief

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