Dismissed

Ashok Kumar v. State of Rajasthan

Rajasthan HC11 Mar 2024CRLMP/531/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan at Jodhpur dismissed a petition for quashing of FIR under Section 482 CrPC, finding the allegations disclosing cognizable offences. The court directed the petitioner to submit a representation to the Investigating Officer within 30 days for a fair and impartial investigation.

What did the court decide?

Petitioner to submit a representation to the concerned Investigating Officer within a period of thirty days for fair and impartial investigation.

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

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[2024:RJ-JD:11843]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 531/2024

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Ashok Kumar S/o Shri Laduram, Aged About 23 Years, R/o Dhamana Ka Goliyan, Sanchore, Tehsil Sanchore, District Jalore.

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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. Ashok Kumar, petitioner, present in person
For Respondent(s)	: Mr. Pallav Sharma, associate to Mr. Anil Joshi, GA-cum-AAG
	Mr. Prakash Kumar Sharma,
	Additional Superintendent of Police, SOG, Jaipur

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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11/03/2024

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Heard Mr. Ashok Kumar, petitioner present in person and Mr. Pallav Sharma, associate to Mr. Anil Joshi, GA-cum-AAG, and perused the FIR under challenge.

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From a perusal of the FIR itself, commission of cognizable offences is very much disclosing. Whether the allegations are false or true, would be a subject matter of investigation. While hearing a petition under Section 482 of the CrPC for quashing of the FIR, this court is not supposed to or expected to embark upon an enquiry so as to know or examine truthfulness or genuineness of the allegation, as such, the same is a task to be undertaken by the police and whereafter by the trial court. By diving deep into the niceties of the matter and making a threadbare discussion

[2024:RJ-JD:11843]

[CRLMP-531/2024]

(2 of 2)

would amount to conducting a mini trial before the actual trial. Thus, I see no force in the petition. Accordingly, the same is dismissed. The stay petition is also dismissed.

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At this stage, the petitioner prays that appropriate directions may be issued for fair and impartial investigation.

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Seeking fair impartial and expeditious investigation is a fundamental right of a person, be he a complainant/victim or the accused. It is therefore directed that the petitioner shall submit a representation to the concerned Investigating Officer alongwith all documents on which he places reliance pleading his innocence. The Investigating Officer is expected to consider the averments made in the representation and conduct fair and impartial investigation taking into account the issues raised by the petitioner and the documents submitted by him alongwith the representation. He shall make necessary endorsement in this regard in the case diary and submit the result of the investigation as expeditiously as possible. The representation shall be submitted by the petitioner within 30 days from today.

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The petitioner shall be at liberty to approach this court again, if occasion so arises.

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(FARJAND ALI),J

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713-Pramod/-

Ashok Kumar v. State of Rajasthan

Case brief

What is this about?

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Ashok Kumar v. State of Rajasthan

Case brief

What is this about?

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