Dismissed

Ramcharan Son of Shri Thandi, v. State of Rajasthan

Rajasthan HC29 May 2024CRLMP/4290/2022

Case brief

AI extract

What is this about?

Petitioner sought direction under Section 482 Cr.P.C. for fair investigation of FIR under IPC Sections 420 and 406. Court held that remedy lies before Judicial Magistrate for monitoring investigation, discouraging filing of Section 482 petitions solely for investigative grievances as per Sakiri Vasu.

What did the court decide?

Petitioner directed to approach concerned Magistrate for inquiry about investigation progress.

Ramcharan Son of Shri Thandi, Vs State of… — Civil Procedure and Limitation | Rajasthan HC (2024)

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[2024:RJ-JP:25630]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 4290/2022

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Ramcharan Son Of Shri Thandi, Aged About 70 Years, Resident Of Village Kaimasi, Police Station Ucchain,, District Bharatpur (Raj).

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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Director General Of Police, Rajasthan, Jaipur.

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Superintendent Of Police, Bharatpir, District Bharatpur (Raj).

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SHO Police Station Mathura Gate, District Bharatpur (Rajasthan).

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----Respondents

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For Petitioner(s) : None Present For Respondent(s) : Mr. Suresh Kumar, PP

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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29/05/2024

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The instant misc. petition has been filed under Section 482 Cr.P.C. on behalf of the petitioner seeking direction for conducting fair and impartial investigation in FIR No.135/2022 registered at Police Station Mathura Gate, District Bharatpur (Raj.).

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Petitioner filed the aforementioned FIR against the accused persons named in the FIR for the offences punishable under Sections 420 and 406 of IPC. It is the case of the petitioner that police authorities have not taken any action against the accused person and thus appropriate direction be given for fair and impartial investigation of the FIR.

[2024:RJ-JP:25630]

[CRLMP-4290/2022]

(2 of 2)

This Court is of the opinion that in view of the observations made and directions given by the Hon'ble Apex Court in the case of Sakiri Vasu Vs. State of U.P., AIR 2008 SC 907 , the Judicial Magistrate has very wide powers to enquire about the investigation and for monitoring the investigation to ensure that the investigation is done properly. Apex Court has further observed that the High Court should discourage the practice of filing Writ Petitions or petitions under Section 482 Cr.P.C. simply because a person has a grievance that investigation has not been done properly by the Police. For this grievance, the remedy lies before the concerned Magistrate.

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In view of the Judgment of the Apex Court, I do not find any force in the Criminal Misc. Petition and the same is accordingly disposed. Stay application stands disposed.

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However, petitioner would be free to approach the concerned Magistrate to inquire about the progress of the investigation.

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(ANIL KUMAR UPMAN),J

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GAUTAM JAIN /247

Ramcharan Son of Shri Thandi, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ramcharan Son of Shri Thandi, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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