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Jyoti vs State Of Rajasthan on 5 July, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 3447/2019

Smt. Jyoti W/o Abhimanyu Chouhan, D/o Babu Singh Sisodiya,
Aged About 28 Years, By Caste Ravna Rajput, R/o “Sisodiya
Sadan”, H.No. 161, Ramnagar B, In Front Of P.F. Office,
Choupasani Housing Board, Jodhpur.

—-Petitioner
Versus

1. State Of Rajasthan

2. Director General Of Police, Jaipur.

3. Police Commissioner, Jodhpur Commissionerate.

4. S.H.O., Police Station Mahila (West), Jodhpur.

—-Respondents

For Petitioner : Mr. H.M. Saraswat
For Respondent : Mr. Gaurav Singh, PP

HON’BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

05/07/2019

1. The petitioner has preferred this criminal misc. petition

under Section 482 Cr.P.C. seeking fair investigation in FIR

No.133/2019 registered at Police Station Mahila Thana (West),

Jodhpur for the offences under Sections 498A, Section406 and Section323 of

IPC.

2. In Manoj Kumaria Shankaria Vs. State of

Rajasthan Anr., 2014(3) Raj.CriC 965, Narayan Singh Vs.

State of Rajasthan Anr., 2013(1) Cri.L.R.264 and Aziza

Begum Vs. State of Maharashtra Anr., 2012(1) RLW 835,

wherein the Hon’ble Apex Court has held that a fair and proper

investigation is always conducive to the ends of justice and for

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(2 of 2) [CRLMP-3447/2019]

establishing rule of law.

3. In Shyam Singh Vs. State of Rajasthan Anr.,

2015(3) Cri.L.R. 1375 and Gopal Nath Vs. State of

Rajasthan Anr., 2015(4) Cri.L.R. 1617, relying upon the

judgment of Hon’ble Supreme Court in the case of Arnesh

Kumar V/s State of Bihar Anr., reported in (2014) 8 SCC

273, also the petitioner therein was permitted to submit a

representation before the investigating officer and the

investigating officer was directed to consider the documents

before forming any opinion.

4. Learned Public Prosecutor assures this Court that fair

and transparent investigation shall be made, and in case the

petitioner submits a representation alongwith all the relevant

documents before the Police Commissioner, Jodhpur

Commissionerate within a period of ten days from today, then the

same shall be considered at the time of investigation.

5. In light of the aforesaid precedent law as well as the

assurance given by the learned Public Prosecutor, the present

misc. petition is disposed of with a direction to the Police

Commissioner, Jodhpur Commissionerate to consider the

representation alongwith all the relevant documents, if submitted

by the petitioner within a period of ten days from today, and

conduct fair investigation, strictly in accordance with law.

(VINIT KUMAR MATHUR),J

107-SanjayS/-

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