Munna Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

Munna Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

The criminal miscellaneous petition and the accompanying stay petition were disposed of, with the operative direction that the petitioner submit a representation with supporting documents to the concerned Superintendent of Police, who shall instruct the Investigating Officer to conduct a fair and impartial investigation and submit the result expeditiously.

Issue for consideration

Whether, under Section 482 Cr.P.C., a direction should issue to the respondents for fair, proper, impartial and expeditious investigation of the case arising out of FIR No. 294/2024, Police Station Luni, Jodhpur City West. +1 more

Court's answer

Seeking fair, impartial and expeditious investigation is a fundamental right of a person, whether that person is a complainant/victim or the accused.

Ratio / Principle

The petitioner was directed to submit a representation, together with all documents relied upon, to the concerned Superintendent of Police, who is expected to consider the averments made in the representation, instruct the Investigating Officer to conduct a fair and impartial investigation, and submit the result of the investigation as expeditiously as possible.

Detailed headnote1 paragraphs

High Court of Judicature for Rajasthan at Jodhpur (Hon'ble Mr. Justice Farjand Ali), Order dated 10/02/2025, S.B. Criminal Misc(Pet.) No. 901/2025 - Munna D/o Thana Ram v. State of Rajasthan and others: Petition filed under Section 482 Cr.P.C. seeking a direction for fair, proper, impartial and expeditious investigation of the case arising out of FIR No. 294/2024, Police Station Luni, District Jodhpur City West, registered for offences under Sections 115(2), 126(2), 74, 61(2)(b), 308(2) and 79 of the BNS, on the allegation that no effective investigative action had been taken under the influence of the accused party. The Court held that seeking fair, impartial and expeditious investigation is a fundamental right of a person, be the person a complainant/victim or the accused, and accordingly directed the petitioner to submit a representation along with all relied-upon documents to the concerned Superintendent of Police, who is to consider the averments, instruct the Investigating Officer to conduct a fair and impartial investigation and submit the result of the investigation as expeditiously as possible. The criminal misc. petition was disposed of, and the stay petition likewise stood disposed of.

[2025:RJ-JD:8240]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Misc(Pet.) No. 901/2025

Munna D/o Thana Ram, Aged About 56 Years, R/o Village Shubhdand, Police Station Luni, Tehsil Luni, Dist. Jodhpur.

----Petitioner

Versus

State Of Rajasthan, Through Pp

The Police Commissioner, Jodhpur.

The Station House Officer, Police Station Luni, Jodhpur City West.

Hanuman S/o Khera Ram, R/o Agolai, Balesar, Jodhpur Rural

Narayan Ram S/o Karana Ram, R/o Jasti, Luni, Jodhpur City West, Rajasthan.

Jora Ram S/o Unknown, R/o Puniya Ki Pya, Jhanwar, Jodhpur City West, Rajasthan.

Geeta W/o Kheraj Ram, R/o Agolai, Balesar, Jodhpur Rural, Rajasthan

Jeetu S/o Kheraj Ram, R/o Agolai, Balesar, Jodhpur Rural, Rajasthan.

Vimla D/o Kheraj Ram, R/o Agolai, Balesar, Jodhpur Rural, Rajasthan.

Hema Ram S/o Sona Ram, R/o Agolai, Balesar, Jodhpur Rural, Rajasthan.

Tulsi W/o Birama Ram, R/o Gwalanada, Kalyanpur, Balotra.

Rana Ram S/o Gokal Ram, R/o Shubhdand, Tehsil Luni, Dist. Jodhpur.

Shaitan Ram S/o Bhera Ram, R/o Agolai, Balesar, Jodhpur Rural, Rajasthan.

----Respondents

For Petitioner(s)	: Mr.	Harendra Singh Inda
For Respondent(s)	: Mr.	N.S. Chandawat,Dy.G.A.

HON'BLE MR. JUSTICE FARJAND ALI

Order

10/02/2025

The instant petition has been filed under Section 482 Cr.P.C. praying that a direction be issued to the respondents to

(2 of 2)

[2025:RJ-JD:8240]

[CRLMP-901/2025]

conduct fair, proper, impartial and expeditious investigation in case arising out of FIR No.294/2024 - Police Station LuniDistrict - Jodhpur City West for the offences under Sections 115(2), 126(2), 74, 61(2)(b), 308(2) and 79 of the BNS.

Learned counsel for the petitioner submits that despite disclosing commission of cognizable offence no heed is being paid by the Investigating Agency as till date no effective action has been taken under the influence of the accused party. He seeks fair, impartial and expeditious investigation in this matter.

Seeking fair impartial and expeditious investigation is a fundamental right of a person, be he a complainant/victim or the accused. It is therefore directed that the petitioner shall submit a representation to the concerned Superintendent of Police along with all documents on which he places reliance. The concerned Superintendent of Police is expected to consider the averments made in the representation and shall instruct the Investigating Officer of this case to conduct fair and impartial investigation and submit the result of the investigation as expeditiously as possible.

Accordingly, the criminal misc. petition is disposed of.

The stay petition also stands disposed of.

(FARJAND ALI),J

61-Ashutosh/-