Disposed

Harikesh v. State of Rajasthan

Rajasthan HC13 Feb 2024CRLMP/374/2024

Case brief

AI extract

What is this about?

The Rajasthan High Court disposed of a petition for fair investigation and stay of arrest under Section 482 CrPC, directing the petitioner to file a representation and ordering the Superintendent of Police to decide within two weeks.

What did the court decide?

Petitioner directed to file representation within one week; Superintendent of Police to decide within two weeks; arrest stayed till then.

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

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[2024:RJ-JD:7532]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 374/2024

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Harikesh S/o Subhash, Aged About 17 Years, Minor Through Natural Guardian Father Subhash S/o Malaram, Aged About 41 Years, R/o Ward 3 Bhanipura Mohalla Nohar, Tehsil Nohar, Dist. Hanumangarh.

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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Rakesh Kankar S/o Shri Hariram, R/o Ward No. 40, Nohar, Tehsil Nohar, Dist. Hanumangarh.

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----Respondents

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For Petitioner(s) : Mr. R.S. Choudhary For Respondent(s) : Mr. Vikram Sharma, PP

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS Judgment

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13/02/2024

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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.0532/2023, P.S. Nohar, District Hanumangarh, for the offences under Sections 341, 323, 354, 365, 511 and 504 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:7532]

[CRLMP-374/2024]

(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 case the petitioner submits a representation along with all the relevant documents before the Superintendent of Police concerned.

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Hence, the present misc. petition is disposed of with the direction to the petitioner to file representation within a period of one week from today before the Superintendent of Police concerned. Upon filing representation, The Superintendent of Police concerned shall decide the same within a period of two weeks in accordance with law after providing opportunity of hearing to the petitioner.

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Till then, the petitioner shall not be arrested in FIR No. 532/2023, Police Station Nohar, District Hanumangarh.

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The stay application also stands disposed of accordingly.

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(MADAN GOPAL VYAS),J

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533-manila/-

Harikesh v. State of Rajasthan

Case brief

What is this about?

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Harikesh v. State of Rajasthan

Case brief

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