Disposed

Basanti Devi Purbia v. State of Rajasthan

Rajasthan HC12 Feb 2024CRLMP/608/2024

Case brief

AI extract

What is this about?

In this criminal miscellaneous petition, the Court placed on record the State's promise to conduct a fair and impartial investigation. Consequently, the petition was disposed of with a direction to the Superintendent of Police to consider the petitioner's representation, if filed, and ensure fair investigation.

What did the court decide?

Direction to the Superintendent of Police to consider the petitioner's representation, if filed, and ensure fair and impartial investigation.

Basanti Devi Purbia Vs State of Rajasthan — Writ and Judicial Review | Rajasthan HC (2024)

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[2024:RJ-JD:7174]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 608/2024

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Basanti Devi Purbia W/o Late Prem Chand Purbia, Aged About 81 Years, R/o 263 Saheli Nagar Amba Mata District Udaipur.

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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Superintendent Of Police, Udaipur

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Investigating Officer, P.S. Sukher, District Udaipur.

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Loveleena Purbia W/o Late Nilesh Purbia, R/o Bhuwana Sukher, District Udaipur.

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----Respondents

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For Petitioner(s)	: Mr. Rishabh Handa
	Mr. Shyam Sunder Paliwal
For Respondent(s)	: Mr. A.R. Choudhary,PP

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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12/02/2024

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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. 213/2023, P.S. Sukher, District Udaipur, for the offences under Sections 420 and 406 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 Azia Begum Vs. State of Maharashtra & Anr. [ 2012(1) RLW 835 ], has held that a fair and proper

[2024:RJ-JD:7174]

[CRLMP-608/2024]

(2 of 2)

investigation is fundamental to rule of law; it is necessary to meet the ends of justice.

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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 within a period of two weeks from today, 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 Superintendent of Police concerned to consider petitioner’s representation (if filed) and ensure fair and impartial investigation, in accordance with law.

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(MADAN GOPAL VYAS),J

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401-Dinesh/-

Basanti Devi Purbia v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Basanti Devi Purbia v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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