Disposed

Indian Bank , v. State of Rajasthan

Rajasthan HC24 Apr 2023CRLMP/1935/2023

Case brief

AI extract

What is this about?

In a S.B. Criminal Miscellaneous Petition, the High Court held that an aggrieved party seeking fair investigation must approach the Magistrate under Cr.P.C. provisions rather than filing a writ or Section 482 petition. The petition was disposed of following Supreme Court precedents.

What did the court decide?

The petition is disposed of and the petitioner is directed to approach the Magistrate concerned.

Indian Bank , Vs State of Rajasthan — 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. 1935/2023

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Indian Bank, Kutchery Road Branch, Ajmer Through Suman Kumar S/o Vivekanand Prasad Sinha, Zonal Manager, Udaipur.

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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. Arjun Singh Khangarot For Respondent(s) : Mr. Prashant Sharma, PP

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HON'BLE MR. JUSTICE BIRENDRA KUMAR Order

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24/04/2023

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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.51/2023 registered with police station Kotwali, Ajmer for offences under Sections 420 and 409 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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[CRLMP-1935/2023]

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(2 of 2)

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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

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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

¶27

ashu /19

Indian Bank , v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Indian Bank , v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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