HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
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
HON’BLE MR. JUSTICE SANDEEP MEHTA
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.
(SANDEEP MEHTA), J.