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

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Rajasthan HC
2024
Leela Bai Vs State of RajasthanLeela Bai v. State of Rajasthan

Dismissed

Leela Bai v. State of Rajasthan

Rajasthan HC8 Aug 2024CRLMP/4522/2024

Case brief

AI extract

What is this about?

Petitioner complained of delay in investigation regarding alleged offences under IPC. Court found delay was not intentional due to accused's custody in another FIR. Liberty granted to petitioners to submit representation to superior police officer.

What did the court decide?

Liberty granted to petitioner to submit representation before a superior police officer under Section 36 Cr.P.C.

What the court decided

AI extract

Outcome

Liberty granted to petitioner to submit representation before a superior police officer under Section 36 Cr.P.C.

Issue for consideration

Whether the investigating agency's delay in filing a charge sheet under the specified FIR warrants this Court's interference despite the accused being in custody.

Detailed headnote1 paragraphs

In a criminal miscellaneous petition challenging delay in investigation, the Court was satisfied that the delay was not intentional as the accused was already in custody. No grounds were found to interfere with the investigation. Liberty granted to the petitioner to approach a superior police officer under Section 36 Cr.P.C.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

[2024:RJ-JD:33170]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Misc(Pet.) No. 4522/2024

Leela Bai W/o Rewashankar, Aged About 41 Years, R/o Bidliya, P..s Oghna, Udaipur,raj.

----Petitioner

Versus

State Of Rajasthan, Through Pp

The Station House Officer, P.s. Oghna, Dist. Udaipur

The Superintendent Of Police, Udaipur

Bhagwatilal S/o Keshulal Prajapat, Aged About 35 Years, R/o Dhabra, P.s. Oghna, Dist. Udaipur

----Respondents

For Petitioner(s) : Mr. Ojas Shakdwipeeya. For Respondent(s) : Mr. Mahipal Bishnoi, PP

HON'BLE MR. JUSTICE ARUN MONGA

Order

08/08/2024

Dissatisfied with the progress and manner of the investigation, in FIR No.63/2024, dated 02.05.2024, registered at Police Station Ogana, District Udaipur, under Sections 323, 341, 324, 308, 354, 354(D), 366, 376 & 511 IPC, the petitioner / victim is before this Court seeking appropriate directions for fair and impartial investigation.

At the very outset, learned Public Prosecutor apprises that the accused is already under custody in another FIR and steps are being taken in accordance with law to proceed further in the investigation and there is no deliberate delay on part of the investigating agency.

[2024:RJ-JD:33170]

[CRLMP-4522/2024]

(2 of 2)

In view of the same, I am of the view that the delay is not intentional since the accused is in custody, the appropriate procedure as envisaged under law has to be followed for seeking his presence before the investigating agency for investigating him.

No grounds to interfere. However, liberty is granted to the petitioner to submit representation before a superior police officer as per Section 36 Cr.P.C. and it is expected that the same shall be looked into it in accordance with law.

Disposed of accordingly.

(ARUN MONGA),J

31-Rmathur/-

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the investigating agency's delay in filing a charge sheet under the specified FIR warrants this Court's interference despite the accused being in custody.

Statutes considered

1 provisions across 1 enactments

AI extract

Cr.P.C.36

Parties & counsel

AI extract

petitioner
Leela Bai W/o Rewashankar
respondent
State Of Rajasthan, Through Pp
respondent
The Station House Officer, P.s. Oghna, Dist. Udaipur
respondent
The Superintendent Of Police, Udaipur
respondent
Bhagwatilal S/o Keshulal Prajapat

Coram

AI extract

Arun Monga

Case details

As recorded by the court registry

Court: Rajasthan HC
Decided on: 8 Aug 2024 · August
Registered: 10 Jul 2024
Case no.: CRLMP/4522/2024
CNR: RJHC010516342024
Topic: Criminal Trial and Appeal
Bench: Arun Monga
Disposal: DISPOSED OF

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Cite this judgement

Leela Bai v. State of Rajasthan, CRLMP/4522/2024 (RJ), decided on 8 August 2024.

The High Court of Rajasthan publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Cr.P.C.36

View all statutes

Bench / Coram

Arun Monga

Parties & counsel