Dismissed

Rajesh Jain S/O Late Shri Prem Chand Jain v. State of Rajasthan

Rajasthan HC10 Oct 2023CRLW/240/2021

Case brief

AI extract

What is this about?

This order dismisses a criminal writ petition where petitioners sought direction to respondents for FIR registration or transfer of investigation. The Hon'ble Court held that the remedy lies with the Magistrate under Cr.P.C., not the High Court, citing Supreme Court precedents.

What did the court decide?

Petition disposed of with direction to approach the concerned Magistrate.

Rajesh Jain S/O Late Shri Prem Chand Jain Vs… — Writ and Judicial Review | Rajasthan HC (2023)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Criminal Writ Petition No. 240/2021

¶3

Rajesh Jain S/o Late Shri Prem Chand Jain, Aged About 59 Years,

¶4

Smt. Asha Jain W/o Shri Rajesh Jain, Aged About 56 Years,

¶5

both are R/o E-3 Gokhle Marg C-Scheme Jaipur Raj.

¶6

----Petitioners

¶7

Versus

¶8

State Of Rajasthan, Through PP

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Collector, Stamp Registration And Stamp Building Collectorate Area Collector Circle Bani Park Jaipur Raj.

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Registrar, Registration And Stamp Building Collectorate Area Collector Circle Bani Park Jaipur Raj.

¶11

Smt. Sultana Begum W/o Late Shri Hyder Bux, R/o 3-D-6 Jawahar Nagar Jaipur Raj.

¶12

----Respondents

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For Petitioner(s) : Mr. Ashwini Kumar Chobisa For Respondent(s) : Mr. Laxman Meena, AGA Mr. Mirza Sharafat Beg

¶14

HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

10/10/2023

Heard the parties.

Prayer of the petitioner is to direct respondent Nos. 2 to 4 to register FIR and investigate the case and in alternative, to transfer the investigation to CID or any other agency of the Government.

¶19

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

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(2 of 3) [CRLW-240/2021]

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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.

¶22

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:-

¶23

“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.”

¶24

The aforesaid view was reiterated in Sudhir Bhaskarrao

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Rao Tambe Vs. Hemant Yashwant Dhage and Ors . reported in (2016) 6 SCC 277.

¶26

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).

¶27

Considering the fact that the petitioner is not remediless for redressal of his grievance, this court is not inclined to entertain

¶28

[CRLW-240/2021]

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(3 of 3)

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this petition. The petitioner may approach the Magistrate concerned.

¶31

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

¶32

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

¶33

(BIRENDRA KUMAR),J

¶34

ashu /229

Rajesh Jain S/O Late Shri Prem Chand Jain v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rajesh Jain S/O Late Shri Prem Chand Jain v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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