Disposed

Madan Lal v. State of Rajasthan

Rajasthan HC1 May 2024CRLMP/1335/2024

Case brief

AI extract

What is this about?

In this Special Criminal Miscellaneous Petition under Section 482 Cr.P.C., the High Court of Rajasthan addressed allegations of improper investigation. The Court directed the petitioner to file a representation with documents before the Superintendent of Police within 10 days, ensuring a fair and expeditious investigation under superior supervision.

What did the court decide?

Directed petitioner to file representation within 10 days; Superintendent of Police to conduct fair investigation within one month; stay petition disposed of.

Madan Lal Vs State of Rajasthan — Writ and Judicial Review | Rajasthan HC (2024)

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[2024:RJ-JD:18943]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 1335/2024

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Madan Lal S/o Shri Ganga Ram, Aged About 54 Years, R/o Takiya Minda, Maroth, District Didwana-Kuchaman (Raj.).

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----Petitioner

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Versus

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State Of Rajasthan, Through PP.

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The Inspector General Of Police, Jodhpur Range Jodhpur (Raj.).

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The Superintendent Of Police, Didwana-Kuchaman (Raj.). 4. The Station House Officer, P.s. Maroth, Dist. Didwana Kuchaman (Raj.).

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Sagar Mal S/o Sohan Lal, R/o Deoli Kalan, Maroth, Dist. Didwana Kuchaman (Raj.).

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Shrawan Lal S/o Khanga Ram, R/o Takiya Minda, Maroth, District Didwana-Kuchaman (Raj.).

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Ramesh Kumar S/o Panna Lal, R/o Minda, Maroth, District Didwana Kuchaman (Raj.).

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Mota Ramq S/o Dalu Ram, R/o Shekhawarpura, Maroth, District Didwana Kuchaman (Raj.).

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----Respondents

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For Petitioner(s) : Mr. Gulab Singh For Respondent(s) : Mr. Javed Gouri, PP

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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01/05/2024

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By way of the present petition filed under Section 482 of the Code of Criminal Procedure, the petitioner has alleged that the Investigating Officer is not conducting proper investigation in relation to FIR No. 12/2024, P.S. Maroth, District Didwana-

[2024:RJ-JD:18943]

[CRLMP-1335/2024]

(2 of 3)

Kuchaman for the offences under Sections 420, 467, 468, 471, 428 and 120-B of the Indian Penal Code.

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Hon’ble the Supreme Court, in the cases of Manoj Kumaria Shankaria Vs. State of Rajasthan & Anr. [ 2014(3) Raj. CriC 965 ], Narayan Singh Vs. State of Rajasthan & Anr. [ 2013(1) Cr.L.R. 264 ] and Azija Begum Vs. State of Maharashtra & Anr. [ 2012(1) RLW 835 ], has held that a fair and proper investigation is fundamental rule of law; it is necessary to meet the ends of justice.

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In the cases of Shyam Singh Vs. State of Rajasthan & Anr. [ 2015(3) Cr.L.R. 1375 ] and Gopal Nath Vs. State of Rajasthan & Anr. [2015(4) Cr.L.R. 1617], while relying upon the judgment of Hon’ble the Supreme Court rendered in the case of Arnesh Kumar Vs. State of Bihar & Anr. [ (2014) 8 SCC 273 ] , the petitioner therein was asked to submit a representation before the investigating officer with a corresponding direction to the investigating officer to consider representation and documents so submitted, before giving any opinion.

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Learned Public Prosecutor assures this Court that fair and transparent investigation shall be made in the matter and in case the petitioner submits a representation along with all the relevant documents before the Superintendent of Police/Investigating Officer concerned within a period of one week from today, the same shall be considered at the time of investigation.

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Hence, the present misc. petition is disposed of with direction to the petitioner to file a representation along with all relevant documents before the Superintendent of Police/Investigating Officer concerned within a period of 10 days.

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(3 of 3) [CRLMP-1335/2024]

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[2024:RJ-JD:18943]

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Upon filing the representation, the Superintendent of Police concerned shall consider the petitioner's representation (if filed) and shall direct fair, impartial and expeditious investigation in accordance with law under the supervision of a superior officer within a period of one month.

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The stay petition also stands disposed of accordingly.

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(MADAN GOPAL VYAS),J

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159-Dinesh/C10/-

Madan Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Madan Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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