Remanded

Sarita Devi Soni v. State of Rajasthan

Rajasthan HC5 Jan 2023CRLMP/56/2023

Case brief

AI extract

What is this about?

Special Bench under Section 482 Cr.P.C. set aside FIR registered against petitioner for offences under IPC and allowed fair investigation. Court directed Police to consider representations and relevant documents alongwith documents submitted by petitioner before taking any action.

What did the court decide?

Consider the representation alongwith relevant documents within 10 days and conduct fair investigation strictly in accordance with law.

Sarita Devi Soni Vs State of Rajasthan — Criminal Trial and Appeal | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 56/2023

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Sarita Devi Soni W/o Shri Nirmal Kumar Soni, Aged About 47 Years, R/o Near Karel Dharam Kanta Ward No. 32 Sardarshahar Dist. Churu Raj.

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----Petitioner

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Versus

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State Of Rajasthan, Through The Learned Pp 2. Vikas S/o Shri Chhaganlal, R/o Ward No. 12 Sardarshahar Dist. Churu Raj.

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Sachin S/o Shri Ashok Kumar, R/o Ward No. 12 Sardarshahar Dist. Churu Raj.

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Ashok Kumar S/o Shri Chagan Lal, Aged About 35 Years, R/o Ward No. 12 Sardarshahar Dist. Churu Raj.

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Chagan Lal S/o Shri Ganpat, R/o Ward No. 12 Sardarshahar Dist. Churu Raj.

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----Respondents

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For Petitioner(s)	: Mr. Himanshu Ranjan Singh Bhati
For Respondent(s)	: Mr. S.K. Bhati,PP

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI Order

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05/01/2023

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The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. for fair investigation pertaining to FIR No.627/2022 registered at Police Station Sardarshahar, District Churu for the offences under Sections 452, 504, 323, 341, 382, 354 & 34 IPC.

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In Manoj Kumaria Shankaria Vs. State of Rajasthan & Anr., 2014(3) Raj.CriC 965, Narayan Singh Vs. State of Rajasthan & Anr., 2013(1) Cri.L.R.264 and Aziza Begum Vs. State of Maharashtra & Anr., 2012(1) RLW 835 , wherein the

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(2 of 2)

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[CRLMP-56/2023]

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Hon'ble Apex Court has held that a fair and proper investigation is always conducive to the ends of justice and for establishing rule of law.

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In Shyam Singh Vs. State of Rajasthan & Anr., 2015(3) Cri.L.R. 1375 and Gopal Nath Vs. State of Rajasthan & Anr., 2015(4) Cri.L.R. 1617 also the petitioner therein was permitted to submit a representation before the investigating officer and the investigating officer was directed to consider the documents before forming any opinion.

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Learned Public Prosecutor assures this Court that fair and transparent investigation shall be made, and in case the petitioner submits a representation alongwith all the relevant documents before the Superintendent of Police, Churu within a period of ten days from today, then the same shall be considered at the time of investigation.

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In light of the aforesaid precedent law as well as the assurance given by the learned Public Prosecutor, the present misc. petition is disposed of with a direction to the Superintendent of Police, Churu to consider the representation alongwith all the relevant documents within a period of ten days from today, if submitted by the petitioner, and conduct fair investigation, strictly in accordance with law.

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All pending applications also stand disposed of.

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(DR.PUSHPENDRA SINGH BHATI), J.

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193-Zeeshan

Sarita Devi Soni v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sarita Devi Soni v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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