Dismissed

Mukesh Borana v. State of Rajasthan

Rajasthan HC7 Aug 2024CRLMP/5258/2024

Case brief

AI extract

What is this about?

The petitioner sought directions for a fair investigation regarding an FIR. The High Court, observing that other statutory remedies existed under Cr.P.C. before approaching this Court, disposed of the petition granting liberty to approach the appropriate forum for redressal.

What did the court decide?

Petition disposed of with liberty to approach appropriate forum for redressal of grievance under Section 36 Cr.P.C. or Section 156(3) Cr.P.C.

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

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[2024:RJ-JD:32943]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 5258/2024

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Mukesh Borana S/o Shri Puni Borana, Aged About 38 Years, Resident Of Jalore Gate, Jodhpur Through Poa Ramesh Bhandari S/o Mangi Lal Bhandari, R/o Kaniska Resort, Pal Goan, Jodhpur (Raj)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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The Police Commissioner, Jodhpur, District Jodhpur (Raj) 3. Sho, Police Station Chopasani Housing Board, Jodhpur, District Jodhpur (Raj)

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Smt. Krishna Vyas W/o Prathvi Raj Vyas, R/o 20-21 Amarbhan Hari Parisar, Khasra No. 76, P.s. Chopasani Housing Board, Jodhpur.

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----Respondents

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For Petitioner(s) : Mr. Divakar Sharma For Respondent(s) : Mr. Mahipal Bishnoi, PP

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HON'BLE MR. JUSTICE ARUN MONGA Order (Oral)

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07/08/2024

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Dissatisfied with the progress and manner of the investigation, the petitioner seeks issuance of directions to the respondents to conduct a fair inquiry/investigation regarding FIR No.324/2023 dated 04.08.2023 registered at Police Station Chopasni Housing Board, Distt. Jodhpur City (West), under Section 447 IPC.

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Heard.

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Learned counsel for the petitioner argues that the investigating agency is not proceeding in a fair and just manner and is intentionally stalling the investigation after registration of FIR.

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Whereas, learned Public Prosecutor appears on service of advance copy of the petition and accepts notice on behalf of the

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[2024:RJ-JD:32943]

[CRLMP-5258/2024]

State. He opposes the petition arguing that once FIR was registered, law will take its own course.

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Be that as it may, even otherwise, in my opinion, the petitioner ought to have availed of other available legal remedies for redressal of his grievance before approaching this Court. Ordinarily, in cases of grievances arising from unfair or improper investigation of an FIR, the aggrieved person can seek recourse by approaching a superior police officer as per Section 36 Cr.P.C. If the grievance remains unaddressed, one can then approach a Magistrate of competent jurisdiction under Section 156(3) Cr.P.C., who can order an investigation and submission of a report by the police. Additionally, an aggrieved party can choose to file a criminal complaint before the competent Court. if so advised. Reference may also be had to Apex Court judgment in Sakiri Vasu versus State of U.P. and Others¹ .

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In the premise, instant petition is disposed of with liberty to approach the appropriate forum for redressal of grievance, as aforesaid.

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Pending application(s), if any, shall also stand disposed of.

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(ARUN MONGA),J

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82-skm/-

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1 2008 (2) SCC 409

Mukesh Borana v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mukesh Borana v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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