Disposed

Deepak Manish Bhagyawani v. State of Rajasthan

Rajasthan HC27 May 2024CRLMP/2394/2024

Case brief

AI extract

What is this about?

The petitioner sought directions for a fair investigation under Section 482 Cr.P.C. regarding an FIR for cheating and criminal breach of trust. The Court directed the petitioner to submit a representation to the Superintendent of Police, who was instructed to ensure an impartial investigation and submit a report within two months, noting an existing stay on arrest in a connected matter.

What did the court decide?

Direction issued for fair investigation upon representation to SP; petition disposed of.

Deepak Manish Bhagyawani Vs State of Rajasthan — Criminal Trial and Appeal | Rajasthan HC (2024)

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[2024:RJ-JD:24107]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 2394/2024

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Deepak Manish Bhagyawani S/o Shri Manish Kishanchand Bhagyawani, Aged About 33 Years, R/o Vazirabad, Dist. Nanded, Maharashtra.

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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Superintendent Of Police, Bhilwara.

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Station House Officer, Kotwali Bhilwara, Dist. Bhilwara.

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----Respondents

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For Petitioner(s) : Mr. Vijay Bishnoi For Respondent(s) : Mr. Arun Kumar, PP Mr. R.K. Charan

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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27/05/2024

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The instant petition has been filed under Section 482 Cr.P.C. praying that a direction be issued to the respondents to conduct fair, proper, impartial and expeditious investigation in case arising out of FIR No.31/2024, Police Station Kotwali Bhilwara, District Bhilwara for the offences under Sections 420, 406 and 384 of the IPC.

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Learned counsel for the petitioner submits that despite disclosing commission of cognizable offence no heed is being paid by the Investigating Agency as till date no effective action has been taken under the influence of the accused party. He seeks fair, impartial and expeditious investigation in this matter.

[2024:RJ-JD:24107]

[CRLMP-2394/2024]

(2 of 2)

Seeking fair impartial and expeditious investigation is a fundamental right of a person, be he a complainant/victim or the accused. It is therefore directed that the petitioner shall submit a representation to the concerned Superintendent of Police along with all documents on which he places reliance. The concerned Superintendent of Police is expected to consider the averments made in the representation and shall instruct the Investigating Officer of this case to conduct fair and impartial investigation and submit the result of the investigation as expeditiously as possible. The representation shall be submitted by the petitioner within 60 days from today and thereafter, it is expected from the Agency to reach on a legitimate conclusion within a period of two months.

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The petitioner has also preferred S.B. Criminal Misc. Petition No.1652/2024 in connection with the impugned FIR, wherein the arrest of the petitioner has been restrained vide order dated 22.03.2024 passed by a co-ordinate Bench of this Court, therefore, he shall not be arrested. However, after conclusion of the investigation, the report shall be submitted before this Court in S.B. Criminal Misc. Petition No.1652/2024.

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Accordingly, the criminal misc. petition is disposed of.

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The stay petition also stands disposed of.

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(FARJAND ALI),J

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219-Ashutosh/-

Deepak Manish Bhagyawani v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Deepak Manish Bhagyawani v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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