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Deendayal vs State & Ors on 20 November, 2017

S.B. Criminal Misc(Pet.) No. 3972 / 2017
Deendayal Son of Ranidan Paliwal, Aged About 56 Years, By Caste
Paliwal, Resident of 852, Indra Colony, Jaisalmer (Raj.)
1. State of Rajasthan

2. Commissioner of Police, Dist. Jodhpur.

3. Additional Commissioner of Police, Police Station Chopasani
Housing Board, Dist Jodhpur.
For Petitioner(s) : Manas Khatri
For Respondent(s) : Mr. M.S.Panwar, P.P.

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.289/2017 registered at P.S. Chopasni Housing Board,


The petitioner filed an F.I.R. No. 289/2017 at the P.S.

Chopasni Housing Board, Jodhpur against the accused person

named in the F.I.R. for the offences under Sections 304-B and

498A I.P.C. According to the learned counsel for the petitioner,

the police authorities have not taken any action against the
(2 of 2)

accused and thus appropriate direction be given for fair

investigation of the F.I.R.

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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