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2017 DIGILAW 2349 (RAJ)

Hastu W/o Shri Shankar Lal v. State of Rajasthan

2017-11-01

PUSHPENDRA SINGH BHATI

body2017
ORDER : PUSHPENDRA SINGH BHATI, J. 1. Petitioner has preferred this misc. petition under Section 482 of Cr.P.C 2. On 13.10.2017, a Division Bench of this Hon'ble Court has passed the order, which reads as under:— “From perusal of the facts stated in the petition for writ, it is apparent that the cause of petitioner is with regard to slow pace of investigation by the Investigating Agency. For such a purpose, in our considered opinion to have a writ in the nature of habeas corpus is not an appropriate remedy. In view of it, we deem it appropriate to treat this petition for writ as a Criminal Misc. Petition under Section 482 Cr. P.C, to get investigation in the matter done effectively and expeditiously. Learned counsel for the petitioner shall take necessary steps to amend the prayer-clause of writ petition accordingly. Office is directed to list this writ petition before appropriate bench on 01.11.2017” 3. In Manoj Kumaria Shankaria v. State of Rajasthan, 2014 (3) Raj. CriC 965, Narayan Singh v. State of Rajasthan, 2013 (1) Cri.L.R 264 and Aziza Begum v. State of Maharashtra, 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 v. State of Rajasthan, 2015 (3) Cri.L.R 1375 and Gopal Nath v. State of Rajasthan, 2015 (4) Cri.L.R 1617 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 along with all the relevant documents before the non-petitioner No. 2 within a period of 10 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 non-petitioner No. 2 to consider the representation along with all the relevant documents, if submitted by the petitioner within a period of 10 days from today, and conduct fair investigation, strictly in accordance with law.