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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Chandra Kumar Songara, J.
Todarmal Sain – Appellant
Versus
State Of Rajasthan Through Public Prosecutor & Ors. – Respondents
S.B. Criminal Miscellaneous (Petition) No. 5335 of 2021
Decided On : 10-02-2022
Section 482 - Criminal Miscellaneous Petition - Fair Investigation
Fact of the Case:
The petitioner filed a criminal miscellaneous petition seeking fair investigation in a criminal case registered at a police station.
Finding of the Court:
The court allowed the petitioner's application for amended cause-title and for early hearing and final disposal of the petition. The court disposed of the petition with a direction to the Commissioner of Police to consider the petitioner's representation and conduct a fair investigation within three months.
Issues: Fair investigation, submission of representation, assurance by the State's Public Prosecutor
Ratio Decidendi: The court relied on precedent law and the assurance given by the State's Public Prosecutor to direct the Commissioner of Police to conduct a fair investigation.
Final Decision: The court disposed of the petition with a direction to the Commissioner of Police to consider the petitioner's representation and conduct a fair investigation within three months.
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. 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.
The court emphasized the importance of fair investigation and directed the law enforcement agency to conduct the investigation strictly in accordance with the law.
The right to a fair investigation is a fundamental aspect of the criminal justice system, and authorities must consider representations made by affected parties during the investigative process.
The court established that the right to a fair investigation is a fundamental aspect of the criminal justice system, necessitating the consideration of all relevant evidence by the investigating auth....
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.
The court's discretion to dismiss a petition seeking fair investigation when the investigating agency has already conducted an investigation and proposed a charge-sheet.
The court emphasized the importance of fair and impartial investigation and directed the concerned authorities to decide the petitioners' representation within a specified time frame.
The imperative of conducting investigations in a fair and impartial manner, strictly in accordance with the law, without being influenced by any extraneous consideration.
The court emphasized the imperative need for fair and impartial conduct of the investigation, without being influenced by any extraneous consideration.
The fundamental right to fair and impartial investigation applies to both victims and accused, and the Investigating Agency must adhere to legal provisions and judicial pronouncements.
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