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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc(Pet.) No. 7159/2023

Mahant Rajendra Das Chela, Aged About 43 Years, R/o Kabir

Aasharam, Fateh Sagar, Nagori Gate, Jodhpur City East,

Rajasthan.

----Petitioner

Versus

1.

State Of Rajasthan, Through Pp

2.

The Deputy Commissioner Of Police (East), Jodhpur

(Rajasthan)

3.

The Station House Officer, Police Station Udai Mandir

Jodhpur (Raj.)

4.

Chetan Das, R/o 22, Kabir Ashram Amba Prasad Tiwari

Road, Naliya Bakhal, Ujjain (Madhya Pradesh) At Present

Kabir Aasharam, Fateh Sagar, Nagori Gate, Jodhpur City

East, Rajasthan.

----Respondents

Connected With

S.B. Criminal Misc(Pet.) No. 2790/2023

Mahant Rajendra Das Chela S/o Mahant Prahlad Das, Aged About

42 Years, Kabir Aasharam, Fateh Sagar, Nagori Gate, Jodhpur

City East, Rajasthan.

----Petitioner

Versus

1.

State Of Rajasthan, Through PP

2.

Chetan Das Shishya Mahant Prahlad Das, R/o 22, Kabir

Ashram Amba Prasad Tiwari Road, Naliya Bakhal, Ujjain

(Madhya Pradesh). At Present Kabir Aasharam, Fateh

Sagar, Nagori Gate, Jodhpur City East, Rajasthan.

----Respondents

For Petitioner(s)

:

Mr. Ravindra Acharya

For Respondent(s)

:

Mr. S.K. Bhati, PP

JUSTICE DINESH MEHTA

Order

18/12/2023

1.

By way of the present petitions, filed under Section 482 of

the Code of Criminal Procedure, the petitioner has alleged that the

Investigating Officer is not conducting proper investigation in

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relation to FIR No.106/2023, P.S. Udai Mandir, Jodhpur (East) for

the offences under Sections 420, 467, 468 & 471 of the Indian

Penal Code, 1860.

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

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 The Deputy Commissioner Of Police (East), Jodhpur

(Rajasthan) within a period of two weeks from today, the same

shall be considered at the time of investigation.

5.

Hence, the present misc. petitions are disposed of with

direction to the The Deputy Commissioner Of Police (East),

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Jodhpur (Rajasthan) to consider petitioner’s representation (if

filed) and ensure fair investigation, in accordance with law.

6.

The stay applications also stand disposed of accordingly.

(DINESH MEHTA),J

381 & 382-AbhishekS/-