Disposed

Ramjilal Meena Son of Shri Chhotu Ram Meena v. State of Rajasthan

Rajasthan HC30 Oct 2023CRLMP/987/2021

Case brief

AI extract

What is this about?

Petitioner sought directions for fair investigation of an FIR regarding offences under IPC. The court declined to entertain the petition, directing the petitioner to approach the learned Magistrate who has ample powers to monitor fair investigation under the Code of Criminal Procedure, citing Supreme Court precedents.

What did the court decide?

petition disposed of with direction to approach the Magistrate concerned.

Ramjilal Meena Son of Shri Chhotu Ram Meena Vs… — Writ and Judicial Review | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 987/2021

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Ramjilal Meena Son Of Shri Chhotu Ram Meena, Resident Of House No. 154, Narsingh Colony, Yagyashala Ki Bavdi, Jailal Munshi Ka Rasta, Chandpole Bazar, Jaipur (Raj).

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----Petitioner

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Versus

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State Of Rajasthan, Through P.P.

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Director General Of Police, Rajasthan, Jaipur.

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Commissioner Of Police, Jaipur Metropolitan, Jaipur (Raj).

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S.h.o Police Station Shyam Nagar, Jaipur City South (Raj).

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----Respondents

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For Petitioner(s)	: Mr. Monu Kumar
	Ms. Zeenat Khan for
	Mr. Rajesh Kumar Sharma
For Respondent(s)	: Mr. Babu Lal Nasubna, PP

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HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

30/10/2023

Heard the parties.

The petitioner has approached this court for issuing direction for fair investigation of FIR No.160/2019 registered with police station Shyam nagar, Jaipur City South for offences under Sections 420, 406, 467, 468, 471 and 120-B of IPC.

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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

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(2 of 3) [CRLMP-987/2021]

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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 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

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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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[CRLMP-987/2021]

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(3 of 3)

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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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Ashu/185

Ramjilal Meena Son of Shri Chhotu Ram Meena v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ramjilal Meena Son of Shri Chhotu Ram Meena v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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Cases cited

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