HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 3446/2019
Smt. Parul @ Mamta W/o Sandeep Sharma, Aged About 27
Years, B/c Brahmin, R/o H.No. 59-C, Laddha Colony, Street No.
2, Ratanada, 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 (East) Jodhpur.
—-Respondents
For Petitioner : Mr. H.S. Saraswat
For Respondent(s) : 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.66/2019 registered at Police Station Mahila Thana (East),
Jodhpur City East for the offences under Sections 498A, Section406 and
Section323 of IPC.
2. However, learned public prosecutor has filed the factual
report, but still learned counsel for the petitioner wants to file a
representation before the Police Commissioner, Jodhpur
Commissionerate ventilating his grievances.
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3. 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
establishing rule of law.
4. 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.
5. 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.
6. 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
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by the petitioner within a period of ten days from today, and
conduct fair investigation, strictly in accordance with law.
(VINIT KUMAR MATHUR),J
106-SanjayS/-
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