The court emphasized the importance of fair investigation in accordance with the law, based on precedent law and the assurance given by the Public Prosecutor.

JUDGMENT

Pushpendra Singh Bhati, J. - In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

2. The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. seeking fair investigation in FIR No.41/2021 registered at Police Station Sadar, District Jaisalmer for the offences under Sections 427, 436 & 34 of IPC.

3. In Manoj Kumaria Shankaria Vs. State of Rajasthan & Anr.,2014 3 RajCriC 965, Narayan Singh Vs. State of Rajasthan & Anr.,2013 1 CrLR 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 CrLR 1375 and Gopal Nath Vs. State of Rajasthan & Anr.,2015 4 CrLR 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 alongwith all the relevant documents before the Superintendent of Police, Jaisalmer within a period of fifteen 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 Superintendent of Police, Jaisalmer to consider the representation alongwith all the relevant documents, if submitted by the petitioner within a period of fifteen days from today, and shall ensure that fair investigation strictly in accordance with law is conducted by the concerned I.O.