HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc(Pet.) No. 3047/2022

Afaird @ Goli Khan S/o Shri Mahbub Khan, Aged About 20 Years,

R/o Vill. Shobhasagar Kanasar Bikaner

----Petitioner

Versus

1.

State Of Rajasthan, Through Pp

2.

Superintendent Of Police, Bikaner

----Respondents

For Petitioner(s)

:

Mr. Nishank Madhan

For Respondent(s)

:

Mr. Mahipal Bishnoi, PP

JUSTICE DINESH MEHTA

Order

24/05/2022

1.

By way of the present petition filed under Section 482 of the

Code of Criminal Procedure, the petitioner has alleged that the

Investigating Officer is not conducting proper investigation in

relation to FIR No.81/2022 P.S. Bichhwal, District Bikaner for the

offences under Sections 302 and 34 of the Indian Penal Code.

2.

Hon’ble the Supreme Court, in the cases of Manoj Kumaria

Shankaria Vs. State of Rajasthan & Anr. [2014(3) Raj. CriC

965], Narayan Singh Vs. State of Rajasthan & Anr. [2013(1)

Cr.L.R. 264] and Azia Begum Vs. State of Maharashtra &

Anr. [2012(1) RLW 835], has held that a fair and proper

investigation is fundamental to rule of law; it is necessary to meet

the ends of justice.

3.

In the cases of Shyam Singh Vs. State of Rajasthan &

Anr. [2015(3) Cr.L.R. 1375] and Gopal Nath Vs. State of

(2 of 2)

[CRLMP-3047/2022]

Rajasthan & Anr. [2015(4) Cr.L.R. 1617], while relying upon the

judgment of Hon’ble the Supreme Court rendered in the case of

Arnesh Kumar Vs. State of Bihar & Anr. [(2014) 8 SCC 273],

the petitioner therein was asked to submit a representation before

the investigating officer with a corresponding direction to the

investigating officer to consider representation and documents so

submitted, 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, Bikaner within a period of two

weeks from today, the same shall be considered at the time of

investigation.

5.

Hence, the present misc. petition is disposed of with

direction to the Superintendent of Police, Bikaner to consider

petitioner’s representation (if filed) and ensure fair investigation,

in accordance with law.

6.

The stay application also stands disposed of accordingly.

(DINESH MEHTA),J

265-akansha/-