Disposed

Sunil Vishnoi v. State of Rajasthan

Rajasthan HC8 Feb 2024CRLMP/759/2024

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition under Section 482 CrPC, this Court directed the Superintendent of Police and Investigating Officer to consider the petitioner's representation and ensure fair investigation in a case involving assault and theft, following Supreme Court precedents on proper investigation.

What did the court decide?

Direction to the Superintendent of Police and Investigating Officer to consider the petitioner's representation and ensure fair investigation.

Sunil Vishnoi Vs State of Rajasthan — Writ and Judicial Review | Rajasthan HC (2024)

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[2024:RJ-JD:6628]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 759/2024

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Sunil Vishnoi S/o Sh. Chokha Ram, Aged About 30 Years, R/o Village Fich, P.S. Luni, District Jodhpur.

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----Petitioner

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Versus

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State of Rajasthan, Through Pp

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The Director General of Police, Rajasthan, Jaipur.

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Superitendent of Police, Pali.

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The SHO, Police Station Rohat, District Pali.

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----Respondents

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For Petitioner(s)	: Mr. Vikash Vishnoi
	Mr. Sunil Bishnoi
For Respondent(s)	: Mr. Arun Kumar,PP

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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08/02/2024

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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 as well as the concerned Superintendent of Police is not conducting proper investigation in relation to FIR No.256/2023, P.S. Rohat, District Pali, for the offences under Sections 341, 323 and 382/34 of the Indian Penal Code. 2. 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:6628]

[CRLMP-759/2024]

(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 transparent investigation shall be made and in case the petitioner submits a representation along with all the relevant documents before the Superintendent of Police concerned as well as Investigation Officer 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 as well as Investigation Officer to consider petitioner’s representation (if filed) and ensure fair investigation, in accordance with law.

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(MADAN GOPAL VYAS),J

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456-Dinesh/-

Sunil Vishnoi v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sunil Vishnoi v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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