Order

03/07/2024

1. Aggrieved against the inaction of police officials, the petitioner seeks direction to the respondents to conduct a fair investigation in FIR No.281/2023 dated 03.09.2023, registered for the offences under Sections 420, 467, 468, 471 and 120-B IPC at P.S. Sardarpura, Jodhpur (City West).

2. Petitioner-complainant filed a complaint before the learned Court below under Section 156(3) Cr.P.C.. Pursuant thereto, FIR aforesaid was registered at P.S. Sardarpura, Jodhpur (City West) on 03.09.2023. However, it is alleged that the police is not conducting the investigation in impartial manner. Even after passing of about 8 months, investigation has not been completed.

Hence, this petition.

4. Learned State Counsel appears on service of advance copy of petition. He opposes the petition arguing that matter is at investigation stage and law ill take its own course.

5. In my opinion, the petitioners ought to have availed other available legal remedies for redressal of their grievance, before directly approaching this Court. Ordinarily, in case of a grievance arising out of unfair or improper investigation of an FIR, the aggrieved person can seek recourse to remedy of approaching police officer superior in rank as per Section 36 Cr.P.C. Even thereafter, if grievance is yet unmitigated, one can then take recourse by approaching a Magistrate of competent jurisdiction under Section 156(3) Cr.P.C., who can seek further report by police. Not only that, an aggrieved party may also choose to file a criminal complaint before the competent Court, if so advised. Reference may be had to Apex Court judgment in Sakiri Vasu Vs. State of U.P. and others [(2008) 2 SCC 409].

6. In the premise, instant petition is dismissed. Petitioners are, however, at liberty to approach the appropriate forum for redressal of their grievance, as aforesaid.

8. Pending application(s), if any, shall also stand disposed of.

(ARUN MONGA),J

181-skm/-

Whether fit for reporting : Yes / No

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