Advocates:
['RAM PRASAD SINGARIA', '', 'SAEENA BANO', 'PP']

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc(Pet.) No. 2289/2021

1.

Babu Singh S/o Shri Hameer Singh, Aged About 66 Years,

By Caste Rajpurohit, R/o Village Poste Bhadarlau, Tehsil

Rani, District Pali.

2.

Smt. Narbada Kanwar W/o Babu Singh, Aged About 65

Years, Village Bhadarlau, Tehsil Rani, Distt. Pali (Raj.).

----Petitioners

Versus

1.

State Of Rajasthan, Through P.p.

2.

Superintendent Of Police, Pali.

3.

S.h.o. Police Station Rani, District Pali.

4.

Madan Singh Rajpurohit, Incharge Police Chowki,

Somesar, Distt. Pali.

5.

Hanuman Singh S/o Babu Singh Rajpurohit, Aged About

32 Years, Bhadarlau, Distt. Pali.

6.

Sumitra Kanwar W/o Hanuman Singh Rajpurohit, Aged

About 30 Years, Bhadarlau, Tehsil Rani, Dist. Pali.

----Respondents

For Petitioner(s)

:

Mr. R.P. Singaria on VC

For Respondent(s)

:

Mr. Anil Joshi PP

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

02/07/2021

In the wake of second surge in the COVID-19 cases, the

Court is functioning virtually and abundant caution is being

maintained for the safety of all concerned.

The petitioners have preferred this criminal misc. petition

under Section 482 Cr.P.C. seeking fair investigation in FIR

No.50/2021 registered at Police Station Rani, District Pali for the

(2 of 3)

[CRLMP-2289/2021]

offence under Sections 452, 323, 504 and 506 IPC.

At the outset, learned Public Prosecutor submits that the

final report/closure report in this case has already been chalked

out, which is also reflected in the factual report furnished by the

learned Public Prosecutor before this Court. The said factual report

is taken on record.

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.

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 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.

Learned Public Prosecutor however, assures this Court that in

case the petitioners submit a representation alongwith all the

relevant documents before the Superintendent of Police, Pali

within a period of fifteen days from today, then the same shall be

considered, before filing the final report/closure report before the

competent court.

(3 of 3)

[CRLMP-2289/2021]

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, Pali to consider the representation alongwith all the

relevant documents, if submitted by the petitioners within a period

of fifteen days from today, strictly in accordance with law.

(DR. PUSHPENDRA SINGH BHATI),J.

12-SKant/-