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2025 DAILYLAW 46019 (RAJ)

DHARMENDRA DHAKAR S/O RAMRATAN v. STATE OF RAJASTHAN

CRLMA/542/2024 · 2025-11-24

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:47546] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Application No. 542/2024 IN S.B. Criminal Misc. Petition No.6900/2021 Dharmendra Dhakar S/o Ramratan, R/o Village Borda Mal, Police Station Kapren, District Bundi. ----Petitioner Versus 1. State Of Rajasthan, Through The Learned Public Prosecutor 2. Superintendent Of Police, Bundi. 3. Station House Officer, Police Station Keshoraipatan, District Bundi. 4. Station House Officer, Police Station Kapren, District Bundi. ----Respondents For Petitioner(s) : Mr. Amit Jindal with Mrs. Reena Goyal Mr. Hemant Vijay Ms. Seema Sharma For Respondent(s) : Ms. Arti Sharma, PP Mr. Rhishi Raj Singh Rathore, PP Mr. Ashish Kumar Bhargava, Dy.S.P., RAC Kota HON'BLE MR. JUSTICE SAMEER JAIN Judgment 24/11/2025 1. By the way of instant application, filed in S.B. CRLMP No.6900/2021 whereby petition for fair and impartial investigation and police protection has been filed, it is submitted by learned counsel for the applicant that as per the order-sheet dated [2025:RJ-JP:47546] (2 of 3) [CRLMA-542/2024] 17.11.2025, a fraud was committed by Deputy Superintendent of Police, Mr. Ashish Kumar Bhargava, by misrepresenting the Court. 2. The Officer present in the Court has submitted that he is sixth Investigating Officer to the matter. It is submitted that one FIR was registered in the year 2021 under the provisions of Section 308 of IPC and allied provisions. It is further submitted that then Investigating Officer upon consideration of CCTV recordings, during his investigation found five persons to be involved. Thereafter, charge-sheet was filed before the Court on 18.02.2022. It is submitted that on 04.03.2022 an application was made for fair and further investigation by the applicants, upon which the Court categorically directed for further investigation in which further four persons were found to be involved. It is submitted that under this impression qua the entire case history, submissions was made on 23.09.2024, howsoever, the Officer has submitted that after further directions and upon investigation no case qua the aforementioned four persons was substantiated and therefore on 15.10.2024, final report was submitted. It is lastly submitted that the submissions made were tendered bonafidely, considering the entirety of the facts, and thence the said version is maintained and explained, as noted hereinabove. 3. Considering the overall facts and circumstances of the matter at hand, this Court is not inclined to interfere in the present application, the same is accordingly dismissed. 4. In the instant matter, the Trial Court is directed to carry out trial without being prejudiced by any observation made by this Court. The applicant will also be at liberty for redressal of his grievance in accordance of law, provisions of law and directions [2025:RJ-JP:47546] (3 of 3) [CRLMA-542/2024] spelled out in the ratio of Sakiri Vasu Vs. State of Uttar Pradesh [(2008) 2 SCC 409]; and if the applicant has any grievance, he can avail remedy, as available in law. 5. A copy of present order be sent via fax/mail to the Trial Court concerned. (SAMEER JAIN),J DEEPAK/23