Dismissed

Prabhu Gurjar v. the State of Rajasthan

Rajasthan HC12 Aug 2024CRLMP/1634/2024

Case brief

AI extract

What is this about?

Petitioner sought directions for fair investigation into an IPC 306 FIR alleging investigation stalling. Court dismissed the petition, directing the petitioner to approach a superior police officer under Section 36 CrPC or a Magistrate under Section 156(3) CrPC first.

What did the court decide?

Petition dismissed; Liberty granted to approach appropriate forum (superior police officer or Magistrate).

Prabhu Gurjar Vs the State of… — Constitutional and Fundamental Rights | Rajasthan HC (2024)

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[2024:RJ-JD:33549]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 1634/2024

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Prabhu Gurjar S/o Nimba Gurjar, Aged About 30 Years, R/o Ugama Chohan Ka Khera, Fuliya Kalan, Shanpura, Rajasthan.

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----Petitioner

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Versus

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The State Of Rajasthan, Through Pp

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The Superintendent Of Police, Shahpura 3. The Station House Officer, Phuliya Kalan, District Shahpura.

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----Respondents

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For Petitioner(s)	: Ms. Shobha Prabhakar
For Respondent(s)	: Mr. Gaurav Singh, P.P. with
	Mr. Ravindra Khichi,AGA

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HON'BLE MR. JUSTICE ARUN MONGA Order

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12/08/2024

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Dissatisfied with the progress and manner of the investigation, the petitioner seeks issuance of directions to the respondents to conduct a fair inquiry/investigation regarding FIR No.164/2023 dated 24.08.2024, registered under Section 306 of IPC at Police Station Phuliya Kala, District Shahpura.

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Learned counsel for the petitioner argues that the investigating agency is not proceeding in a fair and just manner and is intentionally stalling the investigation after registration of FIR.

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Learned Public Prosecutor appears on service of advance copy of the petition and accepts notice on behalf of the State. He opposes the petition arguing that law will take its own course.

[CRLMP-1634/2024]

[2024:RJ-JD:33549]

(2 of 2)

Heard.

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In my opinion, the petitioner ought to have availed of other available legal remedies for redressal of his grievance before approaching this Court. Ordinarily, in cases of grievances arising from unfair or improper investigation of an FIR, the aggrieved person can seek recourse by approaching a superior police officer as per Section 36 Cr.P.C. If the grievance remains unaddressed, one can then approach a Magistrate of competent jurisdiction under Section 156(3) Cr.P.C., who can order an investigation and submission of a report by the police. Additionally, an aggrieved party can choose to file a criminal complaint before the competent Court, if so advised. Reference may also be had to Apex Court judgment in Sakiri Vasu versus State of U.P. and Others¹ .

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In the premise, instant petition is disposed of with liberty to approach the appropriate forum for redressal of grievance, as aforesaid.

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Pending application(s), if any, shall also stand disposed of.

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(ARUN MONGA),J

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101-AnilKC/-

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Whether Fit for Reporting – Yes / No

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1 2008 (2) SCC 409

Prabhu Gurjar v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Prabhu Gurjar v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

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