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2022 DIGILAW 461 (RAJ)

Todarmal Sain v. State Of Rajasthan Through Public Prosecutor

2022-02-10

CHANDRA KUMAR SONGARA

body2022
ORDER 1. Matter has come up on an application bearing Inward No.1/2021 filed by the petitioner for taking amended cause-title on record. 2. For the reasons stated therein, the application is allowed and the amended cause-title is taken on record. 3. Another application bearing Inward No.1/2022 has been filed by the petitioner for early hearing and final disposal of the petition. 4. For the reasons stated therein, the application is allowed and the petition itself is taken on the Board for final hearing and disposal. 5. The petitioner has preferred this criminal miscellaneous petition under Section 482 of the Code of Criminal Procedure, 1973 seeking fair investigation in F.I.R. No.0285/2020 registered at Police Station Karni Vihar, Jaipur (West) for offences punishable under Sections 341, 323, 306, 384, 406, 420 and 120-B of Indian Penal Code. 6. In the cases of Manoj Kumaria Shankaria Vs. State of Rajasthan & Anr., 2014 (3) Raj. Cri 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, the Hon'ble Apex Court has held that fair and proper investigation is always conducive to the ends of justice and for establishing rule of law. 7. In the cases of 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 Arnesh Kumar V/s State of Bihar & Anr., (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. 8. Learned Public Prosecutor appearing for the State assures this Court that fair and transparent investigation shall be made, in case the petitioner submits a representation alongwith all the relevant documents before the Commissioner of Police, Jaipur within a period of fifteen-days from today, then the same shall be considered at the time of investigation. 9. 8. Learned Public Prosecutor appearing for the State assures this Court that fair and transparent investigation shall be made, in case the petitioner submits a representation alongwith all the relevant documents before the Commissioner of Police, Jaipur within a period of fifteen-days from today, then the same shall be considered at the time of investigation. 9. In light of the aforesaid precedent law as well as the assurance given by the learned Public Prosecutor appearing for the State, the present miscellaneous petition is disposed of with a direction to the Commissioner of Police, Jaipur to consider the representation alongwith all the relevant documents, if submitted by the petitioner within a period of fifteen-days from today and thereafter, it is expected from the agency to conduct fair investigation, strictly in accordance with law, within a period of three months. Misc. application, if any, stands disposed of accordingly.