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RAJASTHAN HIGH COURT
Vinit Kumar Mathur, J.
Rekha - Appellant
Versus
State of Rajasthan & Ors. - Respondents
Criminal Miscellaneous (Petition) No. 6411 of 2021
Decided On : 17-12-2021
FAIR INVESTIGATION - CRIMINAL PROCEDURE - The court emphasized the necessity of a fair and proper investigation as a fundamental aspect of justice, referencing established case law that supports 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. 304/2021, which involved serious offences under the IPC and the SC/ST (Prevention of Atrocities) Act.
Finding of the Court:
The court acknowledged the importance of a fair investigation and referenced 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 into the FIR registered against them, and how the court should ensure this right is upheld.
Ratio Decidendi: The court relied on precedents that establish the right to a fair investigation as essential to justice, affirming that the investigating officer must consider any representations made by the petitioner.
Result: The misc. petition was disposed of with directions for the Superintendent of Police to consider the petitioner's representation and conduct a fair investigation in accordance with the law.
JUDGMENT
Vinit Kumar Mathur, J. - The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. seeking fair investigation in FIR No. 304/2021 registered at Police Station Bhadra, District Hanumangarh for the offences under Sections 365, 342, 376-D, 377, 34 of IPC and Sections 3(2)(V) and 3(2)(VA) of the SC/ST (Prevention of Atrocities) Act.
2. In Manoj Kumaria Shankaria Vs. State of Rajasthan & Anr., 2014(3) Raj.CriC 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, 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.
3. In 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 the case of Arnesh Kumar V/s State of Bihar & Anr., reported in (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.
4. Learned Public Prosecutor assures this Court that fair and transparent investigation shall be made, and in case the petitioner submits a representation along with all the relevant documents before the Superintendent of Police, Hanumangarh within a period of ten days from today, then the same shall be considered at the time of investigation.
5. 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, Hanumangarh to consider the representation alongwith all the relevant documents, if submitted by the petitioner within a period of ten days from today, and conduct fair investigation, strictly in accordance with 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 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.
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 main legal point established is the imperative nature of conducting fair and impartial investigations strictly in accordance with the law, without being influenced by extraneous considerations.
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 imperative for the Investigating Officer to conduct investigations strictly in accordance with the law, in a fair and impartial manner, 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.
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