Dismissed

Vijaykumar @ Dhiraj v. State of Rajasthan

Rajasthan HC16 Jul 2024CRLW/87/2024

Case brief

AI extract

What is this about?

The High Court of Judicature for Rajasthan at Jodhpur dismissed a criminal writ petition filed against police inaction. The petitioner sought direction for a fair investigation in FIR No.222/2023, alleging improper conduct by investigating officers just days after lodging the FIR.

What did the court decide?

The petition is dismissed; the petitioner is at liberty to approach appropriate forums like superior police officers or Magistrate as per Section 36 Cr.P.C. and Section 156(3) Cr.P.C.

Vijaykumar @ Dhiraj Vs State of Rajasthan — Writ and Judicial Review | Rajasthan HC (2024)

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[2024:RJ-JD:29018]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Writ Petition No. 87/2024

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Vijaykumar @ Dhiraj S/o Shri Dinesh Kumar Mewada, Aged About 15 Years, Through His Natural Guardian Dinesg Kumar Mewada S/o Hukmi Chand, Aged About 42 Years, R/o Village Bhojpura, P.s. Badnor, Dist. Beawar, Presently R/o Beawar Road, Badnor, P.s. Badnor, Dist. Beawar, Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan, Through The Secretary, Department Of Home, Government Of Rajasthan, Jaipur, Rajasthan.

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The Director General Of Police, Police Headquarter, Jaipur, Rajasthan.

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The Inspector General Of Police, Ajmer Range, Police Divisional Headquarter, Ajmer, Rajasthan.

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The Superintendent Of Police, Dist. Beawar, Rajasthan.

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The Station House Officer (Sho), Police Station Badnor, Dist. Beawar, Rajasthan.

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The Investigation Officer, Police Station Badnor, Dist. Beawar, Rajasthan.

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Ram Kishan, A.s.i. Police Station Badnor, Dist. Beawar, Rajasthan.

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Dinesh Mewara S/o Shri Bastimal, R/o 45, Raghuraj Colony, Badnor, P.s. Badnor, Dist. Beawar, Rajasthan.

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Haji Mohammad S/o Not Known, R/o Badnor, P.s. Badnor, Dist. Beawar, Rajasthan.

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Shankar Mewara S/o Dinesh Mewara, R/o 45, Raghuraj Colony, Badnor, P.s. Badnor, Dist. Beawar, Rajasthan.

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----Respondents

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For Petitioner(s) : Mr. Ambalal. For Respondent(s) : Mr. Vikram Sharma, P.P.

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HON'BLE MR. JUSTICE ARUN MONGA Order

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16/07/2024

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Aggrieved against the inaction of police officials, the petitioner seeks direction to the respondents to conduct a fair investigation in FIR No.222/2023 dated 08.10.2023, registered for the offences under Sections 450, 376, 306 of IPC and Section 3 and 4 of POCSO Act, registered at Badnor, District Beawar.

[2024:RJ-JD:29018]

[CRLW-87/2024]

(2 of 2)

It is stated by petitioner that after lodging of the FIR, the investigating officer is not conducting fair investigation. Hence this petition.

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Learned State Counsel appears on service of advance copy of petition. He opposes the petition arguing that matter is at investigation very nascent stage and law will take its own course. 4. In my opinion, the petitioner ought to have availed other available legal remedies for redressal of their grievance, before directly approaching this Court, that too barely few days after lodging of the FIR. Ordinarily, in case of a grievance arising out of unfair or improper investigation of an FIR, the aggrieved person can seek recourse to remedy of approaching police officer superior in rank as per Section 36 Cr.P.C. Even thereafter, if grievance is yet unmitigated, one can then take recourse by approaching a Magistrate of competent jurisdiction under Section 156(3) Cr.P.C., who can seek further report by police. Not only that, an aggrieved party may also choose to file a criminal complaint before the competent Court, if so advised. Reference may be had to Apex Court judgment in Sakiri Vasu Vs. State of U.P. and others [(2008) 2 SCC 409] .

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In the premise, instant petition is dismissed. Petitioner is, however, at liberty to approach the appropriate forum for redressal of his 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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67-Sumit/-

Vijaykumar @ Dhiraj v. State of Rajasthan

Case brief

What is this about?

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Vijaykumar @ Dhiraj v. State of Rajasthan

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