Dismissed

Chandra Prakash Rawat S/O Shri Madan Lal Rawat, v. State of Rajasthan

Rajasthan HC22 Mar 2023CRLMP/604/2023

Case brief

AI extract

What is this about?

Petitioner sought directions for fair investigation via writ petition. High Court held that Magistrate has ample power under Cr.P.C. to monitor investigation and directed petitioner to approach Magistrate instead of High Court, dismissing the petition.

What did the court decide?

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

Chandra Prakash Rawat S/O Shri Madan Lal… — Civil Procedure and Limitation | Rajasthan HC (2023)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Criminal Miscellaneous (Petition) No. 604/2023

¶3

Chandra Prakash Rawat S/o Shri Madan Lal Rawat, Aged About 56 Years, Resident Of 8/131, Sector-8, Vidyadhar Nagar, Jaipur (Rajasthan).

¶4

----Petitioner

¶5

Versus

¶6

State Of Rajasthan, Through P.P.

¶7

----Respondent

¶8

For Petitioner(s) : None Present For Respondent(s) : Mr. Atul Sharma, PP

¶9

HON'BLE MR. JUSTICE BIRENDRA KUMAR

¶10

Order

¶11

22/03/2023

¶12

Heard learned Public Prosecutor for the State.

¶13

The petitioner has approached this court for issuing direction for fair investigation of FIR No.109/2022 registered with police station Shyam Nagar, District Jaipur City for offences under Sections 448, 451, 420, 406, 506 and 120-B of IPC.

¶14

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.

¶15

[CRLMP-604/2023]

¶16

(2 of 3)

¶17

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:-

¶18

“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.”

¶19

The aforesaid view was reiterated in Sudhir Bhaskarrao

¶20

Rao Tambe Vs. Hemant Yashwant Dhage and Ors . reported

¶21

in 2016 (6) SCC 277.

¶22

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).

¶23

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.

¶24

With the aforesaid observation, the instant petition stands disposed off.

¶25

[CRLMP-604/2023]

¶26

(3 of 3)

¶27

If the petitioner approaches the Magistrate concerned, the learned Judicial Magistrate shall proceed according to law expeditiously.

¶28

(BIRENDRA KUMAR),J

¶29

ashu /37

Chandra Prakash Rawat S/O Shri Madan Lal Rawat, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Chandra Prakash Rawat S/O Shri Madan Lal Rawat, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Savita Tomar D/O Shri Ram Bahadur Khatri, Vs State of Rajasthan

Chhavi Shekhar Sharma Wife of Amit Kumar Saini Daughter of Chandra Shekhar Sharma Vs State of Rajasthan

Munna Singh S/O Bhagwan Singh, Vs State of Rajasthan

Sayar Singh S/O Shri Hanuman Singh Shekhawat, Vs State of Rajasthan

Beena Devi W/O Ghanshyam Vs State of Rajasthan

Anju Patwari Vs State of Rajasthan