Disposed

Girraj S/O Harpal Gurjar, v. State of Rajasthan

Rajasthan HC15 Mar 2024CRLMP/641/2024

Case brief

AI extract

What is this about?

The petitioner sought direction for proper investigation under Section 482 Cr.P.C. The Court held that the Magistrate has jurisdiction to monitor investigation under Section 156(3) Cr.P.C. and disposed of the petition with liberty to approach the Magistrate.

What did the court decide?

Petition disposed of with liberty to petitioner to approach before the concerned Magistrate for ventilating his grievance.

Girraj S/O Harpal Gurjar, Vs State of Rajasthan — Criminal Trial and Appeal | Rajasthan HC (2024)

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[2024:RJ-JP:13118]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 641/2024

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Girraj S/o Harpal Gurjar, Aged About 42 Years, R/o Raghuwanti, Police Station Bonli, District Sawai Madhopur.

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p.

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Director General Of Police, Rajasthan, Jaipur.

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Superintendent Of Police, Sawai Madhopur.

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Station House Officer, Police Station Bonli, District Sawai Madhopur.

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Investigation Officer Fir No. 156/2023, Registered At Police Station Bonli, District Sawai Madhopur.

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----Respondents

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For Petitioner(s) : Mr. Rajesh Kumar Parashar For Respondent(s) : Mr. Laxman Meena,PP

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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15/03/2024

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This misc. petition has been filed by the petitioner under Section 482 Cr.PC, seeking a direction for proper, fair and expedite investigation in FIR No. 156/2023 at Police Station Bonli, District Sawai Madhopur for offences 147, 149, 323, 341, 342, 34, 120-B and 302 IPC.

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Learned counsel for the petitioner- complainant does not dispute that the FIR No.156/2023 at Police Station Bonli, District Sawai Madhopur was registered through a criminal complaint filed by the Additional Chief Judicial Magistrate Bonli, Sawai Madhopur. Petitioner ought to have approached before the concerned

[CRLMP-641/2024]

[2024:RJ-JP:13118]

(2 of 2)

Magistrate for seeking fair and impartial investigation in the impugned FIR and has directly filed the instant criminal miscellaneous petition invoking the jurisdiction of High Court under Section 482 Cr.P.C.

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The Hon’ble Supreme Court in catena of judgment has deprecated such practice, the reference of judgment of Apex Court in Case of Sakiri Vasu Vs. State of Uttar Pradesh [(2008) 2 SCC 409] may be given, wherein it has been clarified that the Judicial Magistrate has powers under Section 156(3) Cr.P.C. to monitor the investigation so also to ensure the fair and impartial investigation, if required.

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In view of above, the instant petition stands disposed of with liberty to petitioner to approach before the concerned Magistrate for ventilating his grievance.

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(SUDESH BANSAL),J

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TN/39

Girraj S/O Harpal Gurjar, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Girraj S/O Harpal Gurjar, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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