The Criminal Miscellaneous Petition seeking fair investigation motivating the Magistrate to monitor it under Section 156(3) CrPC was dismissed as per Sakiri Vasu judgment.
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[2023:RJ-JP:27205]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No.
5046/2022
Jaydeep Diwakar S/o Sh. Ramakant Ji Diwakar, Aged About 47 Years, R/o Nrisinghpura, Beawar, District Ajmer (Raj.)
----Petitioner
Versus
----Respondents
For Petitioner(s) : Ms. Nikita Sharma, Adv., for Mr. Deshraj Kalwania, Adv.
For : Mr. Ganesh Saini, P.P. Respondent(s)
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Judgment / Order
06/10/2023
The petitioner-complainant has preferred this
criminal miscellaneous petition seeking fair investigation.
A complaint has been filed by the complainant before the concerned Judicial Magistrate which was
[2023:RJ-JP:27205]
(2 of 2)
[CRLMP-5046/2022]
forwarded under Section 156(3) Cr.P.C. to the concerned police station whereupon the present FIR came to be registered.
Heard learned counsel for petitioner as well as learned Public Prosecutor.
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.
In view of above, this Court is not inclined to entertain the criminal miscellaneous petition. The same is accordingly dismissed.
However, the petitioner would be at liberty to approach the concerned Magistrate for redressing his grievance.
(UMA SHANKER VYAS),J
DANISH USMANI /457
Colour shows how this judgement treated each authority
1 provisions across 1 enactments
Jaydeep Diwakar
State Of Rajasthan
Uma Shankar Vyas
As recorded by the court registry
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