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2022 DAILYLAW 3076 (RAJ)

PREMCHAND SON OF SHRI DEVI LAL, v. STATE OF RAJASTHAN

CRLMP/3607/2022 · 2026-05-11

Anoop Kumar Dhand

body2022

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 3607/2022 Premchand Son Of Shri Devi Lal, Resident Of 10/401, Mansarovar, Jaipur. ----Petitioner Versus 1. State Of Rajasthan, Through P.p. 2. The Commissioner Of Police, Police Commissionerate , Jaipur. 3. Dy. Commissioner Of Police, Jaipur South , Jaipur. 4. Station House Officer, Police Station Mansarovar, Jaipur (South.) ----Respondents For Petitioner(s) : Mr. Jaswant Singh Rathor For Respondent(s) : Mr. Jitendra Singh Rathore, PP JUSTICE ANOOP KUMAR DHAND Order 11/05/2026 1. By way of filing the instant criminal misc. petition, a prayer has made for issuing directions to the Investigating Officer for conducting fair and impartial investigation of FIR No.597/2021 registered with Police Station Mansarovar, District Jaipur City (South). 2. Learned counsel for the petitioner submits that as per the allegations levelled in the impugned FIR, the offence under SC/ST (POA) Act are prima facie made out against the accused, but the Police has not added these offences at the time of registration of the impugned FIR, therefore, appropriate directions be issued to (2 of 2) [CRLMP-3607/2022] add these offences in the impugned FIR and investigate the matter in accordance with law. 3. This fact has come on the record that after investigation, charge-sheet has already been submitted against the accused persons under Section 302 IPC and 3/25 of the Arms Act and thereafter, the case has been committed to the Court of Sessions. 4. In the considered opinion of this Court, the relief sought for cannot be granted at this stage. However, the petitioner would be at liberty to file appropriate application under Section 216 Cr.P.C. 5. In case, such application is submitted by the petitioner, the same would be at decided by the Trial Court strictly in accordance with law, after providing due opportunity of hearing to all the sides. 6. With the aforesaid observations, the instant criminal misc. petition stands disposed of. Pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J KuD/46