Dismissed

Balwant S/O Shri Shyoram, v. State of Rajasthan

Rajasthan HC24 Mar 2023CRLMP/370/2023

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition seeking directions for fair investigation of an IPC offence, the single-judge High Court of Rajasthan disposed of the matter. Relying on Sakiri Vasu, the court held that the petitioner is not remediless as the Magistrate has ample power under Cr.P.C. to monitor investigation, and thus the petition was dismissed.

What did the court decide?

The instant petition stands disposed of; the petitioner is directed to approach the learned Judicial Magistrate.

Balwant S/O Shri Shyoram, Vs State of… — Civil Procedure and Limitation | Rajasthan HC (2023)

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[2023/RJJP/004804]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 370/2023

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Balwant S/o Shri Shyoram, Aged About 54 Years, R/o Lakhimpur, Behror, Bhiwadi, Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan, Through Public Prosecutor.

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Ganga Ram S/o Shri Surjan, R/o Birtoli Police Station Tatarpur, District Alwar.

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Kavindra S/o Gangaram, R/o Birtoli Police Station Tatarpur, District Alwar.

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Sunil S/o Nathuram, R/o Chillron Ki Dhani, Sirhoi, Police Station , Nangal Choudhary District Mahendragarh, Haryana.

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Sumitra W/o Surendra Alias Kaalu Ram, R/o Doonwas Police Station Behror, District Alwar.

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Archna Devi W/o Kavindra, R/o Birtoli Police Station Tatarpur, District Alwar.

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Sarita W/o Dharamveer Alias Dhiloo, R/o Doonwas Police Station Behror, District Alwar.

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Ashok Kumar, R/o Nangal Choudhary District Mahendragarh, Haryana.

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Satish Yadav S/o Shri Daulat Ram, R/o Nangalia Police Station Behror, District Alwar.

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Bijendra S/o Not Known, R/o Doonwas Police Station Behror, District Alwar.

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Sitaram S/o Not Known, R/o Doonwas Police Station Behror, District Alwar.

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Smt. Gindo Devi D/o Not Known, R/o Doonwas Police Station Behror, District Alwar.

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----Respondents

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For Petitioner(s) : Mr. Manu Bhargava For Respondent(s) : Mr. Atul Sharma, PP

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[2023/RJJP/004804]

[CRLMP-370/2023]

HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

24/03/2023

Heard the parties.

The petitioner has approached this court for issuing direction for fair investigation of FIR No.798/2022 registered with Police Station Behror, District Bhiwadi for offences under Sections 143, 302, 307, 447, 323, 341 and 120-B of I.P.C.

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Learned counsel for the petitioner submits that against some of the accused, the charge-sheet has already been submitted whereas investigation against the rest is pending though the police has recorded a conclusion that charges against those accused have also been found established.

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Learned Magistrate has ample powers 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

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[2023/RJJP/004804]

[CRLMP-370/2023]

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 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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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

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RAJAT/20

Balwant S/O Shri Shyoram, v. State of Rajasthan

Case brief

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Balwant S/O Shri Shyoram, v. State of Rajasthan

Case brief

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What did the court decide?

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