Man Kanwar vs State & Ors on 8 February, 2018

S.B. Criminal Misc(Pet.) No. 4192 / 2017
Man Kanwar Wife of Shri Harvansh Kandola, Aged About 42 Years,
By Caste Mewara Resident of C/o Asu Lal Bhurtia, Soor Sagar,
1. State of Rajasthan

2. Deputy Commissioner of Police, City West, Jodhpur.

3. Station House Officer, Police Station Mahila Thana (West),
For Petitioner(s) : Ms. Bhanwari Devasi
For Respondent(s) : Mr. V.S.Rajpurohit, PP
Judgment / Order

Heard learned counsel the petitioner and the learned P.P.

Perused the material on record.

The instant miscellaneous petition has been filed by the

petitioner seeking direction for conducting fair investigation in

F.I.R. No.146/2017 registered at P.S. Mahila Thana, Jodhpur.

The petitioner filed an F.I.R. No. 146/2017 at the P.S. Mahila

Thana, Jodhpur against the accused persons named in the F.I.R.

for the offences under Sections 498A and 406 I.P.C. According to

the learned counsel for the petitioner, the police authorities have

not taken any action against the accused and thus appropriate

direction be given for fair investigation of the F.I.R.
(2 of 2)

This Court is of the opinion that in view of the observations

made and directions given by the Hon’ble Apex Court in the case

of Sakiri Vasu Vs. State of U.P., AIR 2008 SC 907, no person

can be encouraged to directly approach this Court for seeking

direction of fair investigation. If any person is aggrieved of lack of

action by the police as regards the FIR which has been filed

by/against him/her, the appropriate course of action for the

aggrieved person is to first approach the Magistrate having

jurisdiction, who can call for the report from the investigating

officer and also instruct the investigating officer to investigate the

matter fairly. If the petitioner is aggrieved by any inaction of the

police, then he should move to the appropriate Court in

accordance with the directions issued by the Apex Court in the

aforesaid judgment. The trial court would be empowered to call for

the report from the I.O. and issue appropriate direction for fair

investigation in consonance with the view expressed by the

Hon’ble Apex Court.

With the aforesaid observations, the miscellaneous petition

and the stay petition are disposed of.



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