Allowed

Bhanwar Singh v. State of Rajasthan

Rajasthan HC14 Feb 2024CRLMP/438/2024

Case brief

AI extract

What is this about?

In this criminal miscellaneous petition under Section 482 CrPC, the petitioner alleged biased investigation in a cheating case. The High Court directed the petitioner to file a representation before the Superintendent of Police within a week, ensuring fair investigation by treating the submission before submitting the final charge sheet.

What did the court decide?

Direction to file representation before Superintendent of Police within one week; Superintendent to consider and submit report under Section 173 CrPC within one month.

Bhanwar Singh Vs State of Rajasthan — Cheque Dishonour | Rajasthan HC (2024)

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[2024:RJ-JD:7817]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 438/2024

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Bhanwar Singh S/o Fateh Singh, Aged About 54 Years, R/o Bhesana, Sojat Road, Pali, Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s)	: Mr. Anand Purohit, Sr. Advocate
	assisted by
	Mr. Kapil Purohit
For Respondent(s)	: Mr. Sharwan Bishnoi,PP

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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14/02/2024

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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 fair and impartial investigation in relation to FIR No. 136/2023, P.S. Sojat Road, District Pali, for the offences under Sections 420, 406 and 120-B 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:7817]

[CRLMP-438/2024]

(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 impartial investigation shall be made and in case the petitioner submits a representation along with all the relevant documents before the Superintendent of Police concerned, 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 relevant documents before the Superintendent of Police concerned within a period of one week. Upon filing the representation, the Superintendent of Police shall consider the same and submit his report under Section 173 of Cr.P.C. before the learned Additional Chief Judicial Magistrate, Sojat City within a period of one month. 6. The stay petition also stands disposed of.

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(MADAN GOPAL VYAS),J

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270-Dinesh/-

Bhanwar Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bhanwar Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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