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2025 DAILYLAW 41656 (RAJ)

RAMKESH S/O BHANTARAM v. STATE OF RAJASTHAN

CRLMP/1661/2025 · 2025-04-29

Praveer Bhatnagar

body2025

Judgment text

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[2025:RJ-JP:18098] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1661/2025 Ramkesh S/o Bhantaram, R/o Bhede Ka Pura, Sarmathura, Dholpur, Rajasthan. ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Ms. Apoorva Agarwal, Adv. For Mr. Himanshu Jain, Adv. For Respondent(s) : Mr. Manvendra Singh, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 29/04/2025 1. This petition has been filed under Section 528 of B.N.S.S., 2023 for seeking proper, fair and impartial investigation in FIR No.52/2025 dated 22.02.2025 registered at Police Station Sarmathura, District Dholpur for the offences under Sections 189(2), 352, 351(2), 103(1) and 311 of BNS. 2. It is contended that the Investigating Agency after registering the FIR has not conducted the investigation in fair and impartial manner. The higher officer also did not pay any heed to the request of the petitioner. Therefore, respondents may be directed to investigate the matter in free, fair and impartial manner. 3. Learned Public Prosecutor has submitted the factual report, which discloses that the petitioner named in the FIR was not present at the place of occurrence. [2025:RJ-JP:18098] (2 of 2) [CRLMP-1661/2025] 4. In light of the foregoing facts and circumstances of the matter and as per the directions encapsulated in Sakiri Vasu Vs. State of Uttar Pradesh, (2008) 2 SCC 409, it is directed that the concerned Superintendent of Police shall grant audience to the petitioner, who shall mark presence before the said authority, at 11:00 AM on 14.05.2025 in his Office. Concerned Superintendent of Police is directed to consider the representation so filed by the petitioner in a holistic manner, and pass appropriate orders, strictly in accordance with law. 5. Accordingly, the instant miscellaneous petition stands disposed of and pending application(s), if any, also stands disposed of. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-71