Disposed

Vinod Chand v. State of Rajasthan

Rajasthan HC16 Feb 2024CRLMP/175/2024

Case brief

AI extract

What is this about?

Under Section 482 CrPC, the High Court directed the petitioner to file a representation with relevant documents before the Superintendent of Police within one week, ensuring the investigation into the alleged theft case becomes fair, impartial, and expeditious within three weeks.

What did the court decide?

Petitioner directed to file representation in one week; S.P. to consider it and ensure fair investigation within three weeks.

Vinod Chand Vs State of Rajasthan — Criminal Trial and Appeal | Rajasthan HC (2024)

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[2024:RJ-JD:8343]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 175/2024

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Vinod Chand S/o Bhiya Ram, Aged About 30 Years, R/o Udaliyawas, Tehsil Bilara, Dist. Jodhpur.

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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Rekha Rao D/o Bhagwan Ram, R/o Village Chanda Roon, Police Station Degana, Dist. Nagore.

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----Respondents

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For Petitioner(s)	: Ms.	Yogita Mohanani
For Respondent(s)	: Mr.	Gaurav Singh,PP

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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16/02/2024

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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. 236/2023, lodged at Police Station Bilara District Jodhpur Rural, for the offences under Sections 380 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 to rule of law; it is necessary to meet the ends of justice.

[2024:RJ-JD:8343]

[CRLMP-175/2024]

(2 of 2)

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 forming 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 one week. 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 three weeks.

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(MADAN GOPAL VYAS),J

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287-Dinesh/-

Vinod Chand v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Vinod Chand v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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