Sanjay Kumar S/O Sh. Sardara Ram Jat, Vs… — Murder and Culpable Homicide | Rajasthan HC (2025)

Sanjay Kumar S/O Sh. Sardara Ram Jat, Vs… — Murder and Culpable Homicide | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

Direction to the concerned Superintendent of Police to grant audience to the petitioner at 11.00 AM on 15.05.2025, consider his representation holistically and pass appropriate orders strictly in accordance with law; the criminal misc. petition and pending applications stand disposed of.

Issue for consideration

Whether the investigation of FIR No. 46/2024 (P.S. Pacheri Kalan, District Jhunjhunu) is stagnant or is not being conducted in a fair, proper and legal manner, and what directions should issue to secure fair investigation.

Court's answer

Acting on the directions encapsulated in Sakiri Vasu v. State of Uttar Pradesh, (2008) 2 SCC 409, the court directed the concerned Superintendent of Police to grant audience to the petitioner, who was to mark presence before that authority at 11.00 AM on 15.05.2025.

Ratio / Principle

The concerned Superintendent of Police was further directed to consider the representation filed by the petitioner in a holistic manner and pass appropriate orders strictly in accordance with law.

Detailed headnote1 paragraphs

Fair-investigation petition concerning FIR No. 46/2024, P.S. Pacheri Kalan, District Jhunjhunu (offences under Sections 302 and 34 of IPC). Counsel for the petitioner submitted that the investigation was either stagnant or not being conducted in a fair, proper and legal manner. The Investigating Officer, present with the case diary, reported the investigation as ongoing: accused Parvat Singh and Dayanand arrested with offence under Section 302 IPC made out against them, and endeavours continuing to arrest co-accused Sumer Singh. Acting on the directions encapsulated in Sakiri Vasu v. State of Uttar Pradesh, (2008) 2 SCC 409, the court (Praveer Bhatnagar, J.) directed the concerned Superintendent of Police to grant audience to the petitioner at 11.00 AM on 15.05.2025, consider his representation holistically and pass appropriate orders strictly in accordance with law; the criminal miscellaneous petition and pending applications were disposed of.

[2025:RJ-JP:18465]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 2195/2025

Sanjay Kumar S/o Sh. Sardara Ram Jat, Aged About 29 Years, Resident Of Bijarniya Ki Dhani, Hukumpura, Guda, Jhunjhunu.

----Petitioner

Versus

State Of Rajasthan, Through The Public Prosecutor.

Sho, Police Station Pacheri Kalan, District Jhunjhunu.

Parvat Singh S/o Raghunath, Resident Of Titanwar Guda, Jhunjhunu.

Dayanand S/o Parbati Lal, Resident Of Titanwar Guda, Jhunjhunu.

Sumer Singh S/o Matu Ram, Sahad Ka Bas, Pacheri Kalan, Jhunjhunu.

----Respondents

For Petitioner(s) : Mr. Ashwani Kumar Swami

For Respondent(s) : Mr. Omkar Rajpurohit, PP Mr. Rajpal SI SHO PS-Pacheri Kalan, District-Jhunjhunu

HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order

01/05/2025

By way of the present petition, fair investigation is asked for in furtherance to FIR No. 46/2024 registered at police station Pacherikalan District Jhunjhunu for offences under Sections 302 and 34 of IPC.

It is submitted by the learned counsel for the petitioner that the investigation is either stagnant or the investigating Officer is not investigating the matter in a fair, proper and legal manner.

Investigating officer is present before the court alongwith the case diary. It is stated by the investigating officer that

[2025:RJ-JP:18465]

[CRLMP-2195/2025]

(2 of 2)

investigation is ongoing. Accused Parvat Singh and Dayanand have been arrested and against them offence under Section 302 IPC is made out. Investigation against the other co-accused Sumer Singh is pending and police is making all endeavours to arrest him.

In light of the foregoing facts and circumstances of the matter and as per the directions encapsulated in Sakiri Vasu Vs. State of Uttar Pradesh (2008) 2 SCC 409, it is directed that the concerned Superintendent of Police shall grant audience to the petitioner, who shall mark presence before the said authority, at 11.00 AM on 15.05.2025 in his office.

Concerned Superintendent of Police is directed to consider the representation so filed by the petitioner in a holistic manner and pass appropriate orders, strictly in accordance with law.

Accordingly, this criminal misc. petition is disposed of. Pending application(s), if any also stands disposed.

(PRAVEER BHATNAGAR),J

ashu /129