Rajasthan High Court - JodhpurSmt Rupali Devi vs State & Ors on 5 September, 2017Author:Sandeep MehtaBench:Sandeep MehtaHIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
              S.B. Criminal Misc(Pet.) No. 380 / 2016


Smt. Rupali Devi W/o Shri Banshi Lal, by caste Khateek,
Resident of Kareda, Police Station Kareda,
District Bhilwara.


                                                        ----Petitioner
                               Versus
1. The State of Rajasthan

2. The Director General of Police, Jaipur.

3. The Superintendent of Police, Bhilwara

4. The S.H.O., Police Station Kareda, District Bhilwara.
                                                    ----Respondents
_____________________________________________________
For Petitioner(s)    : Mr. T.R.S.Sodha
For Respondent(s) : Mr. O.P.Rathi, P.P.
_____________________________________________________
             HON'BLE MR. JUSTICE SANDEEP MEHTAOrder
5/09/2017

     Heard    learned counsel the petitioner and the learned P.P.

Perused the material on record.The instant miscellaneous petition has been filed by the

petitioner seeking direction for conducting     fair investigation in

F.I.R. No.184/2015 registered at P.S. Kareda, Dist. Bhilwara.The petitioner filed an F.I.R. No. 184/2015 at the P.S.

Kareda, Dist. Bhilwara against the accused person named in the

F.I.R. for the offences underSections 143,448,323,354and504I.P.C. andSection 3(i)(x)of the SC/ST(P.A.) Act. According to the
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     learned counsel for the petitioner, the police authorities have not

     taken any action against the accused and thus appropriate

     direction be given for fair investigation of the F.I.R.This Court is of the opinion that in view of the observations

     made and directions given by the Hon'ble Apex Court in the case

     ofSakiri Vasu Vs. State of U.P., AIR 2008 SC 907, no person

     can be encouraged to directly approach this Court for seeking

     direction of fair investigation. If any person is aggrieved of lack of

     action by the police as regards the FIR which has been filed

     by/against    him/her, the appropriate course of action       for the

     aggrieved person is to first approach the Magistrate having

     jurisdiction, who can call for the report from the investigating

     officer and also instruct the investigating officer to investigate the

     matter fairly. If the petitioner is aggrieved by any inaction of the

     police, then he should move to the appropriate Court in

     accordance with the directions issued by the Apex Court in the

     aforesaid judgment. The trial court would be empowered to call for

     the report from the I.O. and issue appropriate direction for fair

     investigation in consonance with the view expressed by the

     Hon'ble Apex Court.With the aforesaid observations, the miscellaneous petition

     and the stay petition are disposed of.(SANDEEP MEHTA), J./Sushil/