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RAJASTHAN HIGH COURT
Pushpendra Singh Bhati, J.
Chandan Singh - Appellant
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous (Petition) No. 3319 of 2021
Decided On : 14-07-2021
FAIR INVESTIGATION - CRIMINAL PROCEDURE - The court emphasized the necessity of a fair and proper investigation as a fundamental aspect of justice, referencing established precedents that support this principle. The assurance from the Public Prosecutor regarding the consideration of the petitioner's representation further reinforced the court's directive for a transparent investigation process.
Fact of the Case:
The petitioner filed a criminal misc. petition under Section 482 Cr.P.C. seeking a fair investigation into FIR No.41/2021 for offences under Sections 427, 436 & 34 of IPC, amidst concerns over the investigation's integrity.
Finding of the Court:
The court acknowledged the importance of a fair investigation, citing previous judgments that support this principle. It accepted the Public Prosecutor's assurance of a transparent investigation and directed the Superintendent of Police to consider the petitioner's representation.
Issues: Whether the petitioner is entitled to a fair investigation in the context of the registered FIR and the assurance provided by the Public Prosecutor.
Ratio Decidendi: The court reiterated that a fair and proper investigation is essential for justice and that the investigating officer must consider all relevant documents submitted by the petitioner.
Result: The misc. petition was disposed of with directions to the Superintendent of Police, Jaisalmer, to ensure a fair investigation in accordance with law, considering the petitioner's representation if submitted within fifteen days.
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.
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 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 emphasized the importance of fair investigation and directed the law enforcement agency to conduct the investigation strictly in accordance with the law.
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.
Granting protection from arrest and allowing custodial interrogation with notice if required based on the peculiar facts of the case.
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.
Exercise of abundant caution in the wake of COVID-19 and granting limited protection from arrest based on the peculiar facts of the case.
Granting limited protection from arrest and allowing custodial interrogation after giving 15 days' notice before arrest if required, in the interest of justice and to avoid unnecessary hardship to th....
Granting limited protection from arrest and allowing custodial interrogation after giving 15 days' notice in the interest of justice and the peculiar facts of the case.
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