Disposed

Parmanand S/O Sukhlal, v. State of Rajasthan

Rajasthan HC1 Mar 2023CRLMP/948/2023

Case brief

AI extract

What is this about?

The High Court held that the petitioner is not remediless and should approach the concerned Magistrate rather than seeking directions from the High Court. The Court directed the petitioner to approach the Magistrate who has ample powers to monitor fair investigation.

What did the court decide?

Petition disposed of; directed petitioner to approach the concerned Judicial Magistrate for fair investigation.

Parmanand S/O Sukhlal, Vs State of… — Constitutional and Fundamental Rights | Rajasthan HC (2023)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Criminal Miscellaneous (Petition) No. 948/2023

¶3

Parmanand S/o Sukhlal, Aged about 64 Year, R/o A-19, Subhash Colony, Khedli Fatak, P.S- Bheemganj Mandi, Kota City, Kota (Raj.)

¶4

----Petitioner

¶5

Versus

¶6

State Of Rajasthan through PP

¶7

----Respondent

¶8

For Petitioner(s) For Respondent(s)

¶9

: None

¶10

: Mr. Atul Sharma, PP

¶11

HON'BLE MR. JUSTICE BIRENDRA KUMAR Order

¶12

01/03/2023

¶13

No one appears for the petitioner.

¶14

Heard learned Public Prosecutor for the State.

¶15

The petitioner has approached this court for issuing direction for fair investigation of FIR No.0211/2022 registered with Police Station Mahaveer Nagar, District-Kota City for offences under Sections 406, 420, 467, 468, 471 and 120-B of IPC.

¶16

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.

¶17

In Sakiri Vasu Vs. State of U.P. & Ors. reported in AIR 2008

¶18

SC 907, the Hon’ble Supreme Court stated in para 27 as follows:-

¶19

“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

¶20

(2 of 2)

¶21

[CRLMP-948/2023]

¶22

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.”

¶23

The aforesaid view was reiterated in Sudhir Bhaskarrao Rao Tambe Vs. Hemant Yashwant Dhage and Ors . reported in 2016 (6)

¶24

SCC 277.

¶25

Again in M. Subramaniam and Anr. Vs. S. Janaki and Anr.

¶26

reported in 2020 (16) SCC 728, a three Judges Bench of Hon’ble Supreme Court reiterated the view taken in Sakiri Vasu (supra).

¶27

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.

¶28

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

¶29

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

¶30

(BIRENDRA KUMAR),J

¶31

Sunita/7

Parmanand S/O Sukhlal, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Parmanand S/O Sukhlal, 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

Vikram Singh Son of Shri Daulat Singh Hada Vs State of Rajasthan

Iram Naseen D/O Kayyum Vs State of Rajasthan

Madan Son of Shri Ramkaran Vs State of Rajasthan

Smt. Ankita Agarwal, Wife of Abhishek Agarwal, Daughter of Shri Ashok Goyal, Vs State of Rajasthan

Nand Kishore S/O Shri Gabburam Vs State of Rajasthan

Ramesh Chand Son of Shri Matadeen Saini, Vs State of Rajasthan