Om Prakash S/o Shri Narain Lal Ji Soni v. State Of Rajasthan
2024-02-14
MADAN GOPAL VYAS
body2024
DigiLaw.ai
JUDGMENT : The present criminal miscellaneous petition No. 3346/2023 under Section 482 of CrPC has been preferred by the complainant-petitioner for issuing necessary directions for inquiry/investigation to the SHO Police Station Raniwara, District Jalore (respondent No. 4). 2. Learned counsel appearing for the petitioner submits that the petitioner has filed a complaint being complaint No. 2049/2023 before the Superintendent of Police, Jalore and sent the same to the Circle Officer, Raniwara for inquiry. Since no investigation was being done by the Circle Officer, Raniwara, therefore, the petitioner preferred an complaint before the learned Judicial Magistrate, Raniwara, District Jalore (hereinafter referred to as ‘the learned Magistrate’) and the learned Magistrate after recording statement of the complainant under Section 200 Cr.P.C. vide order dated, 04.04.2023 directed inquiry in the matter under the provisions of Section 202 of CrPC, but till the date of filing of the present petition, the respondent No. 4 has not complied with the directions issued by the learned Magistrate. It is submitted that neither he has recorded the statements of petitioner’s wife, his brother or relevant witnesses nor he has collected the medical documentary evidence till date. It is submitted that it has come to notice of the petitioner that the respondent No. 4 is proceeding in the matter as per his own choice and free will. Therefore, it is prayed that this miscellaneous petition may be allowed and the respondent authorities may be directed to conduct the inquiry under Section 202 of CrPC in compliance of the order dated 04.04.2023 passed by the learned Magistrate. 3. Learned Public Prosecutor opposed the prayer made by the learned counsel for the petitioner. It is submitted that in the present matter, the respondents are taking necessary steps to inquiry the matter, though some time has passed. 4. Heard learned counsel for the parties and perused the material available on record. 5. Having regard to the facts and circumstances of the case, this Court finds it appropriate to direct the respondent authorities to conduct the inquiry under Section 202 of CrPC in compliance of the order dated 04.04.2023 passed by the learned Magistrate as expeditiously as possible preferably within a period of one month from the date of receipt of the copy of the order instant.
Further, it is directed that the respondents shall record the statements of the petitioner’s wife, brother and other relevant witnesses and shall also collect the required documentary evidence well in time and submit their inquiry report under Section 202 of CrPC before the Court concerned. 6. Accordingly, the present criminal miscellaneous petition is allowed in above terms. 7. The stay petition also stands disposed of.