Rajasthan High Court - JodhpurSmt Manisha Kanwar vs Anoop Janjariya on 26 November, 2018Author:Pushpendra Singh BhatiBench:Pushpendra Singh BhatiHIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
               S.B. Criminal Misc(Pet.) No. 4109/2018

Smt Manisha Kanwar Spouse/o Bharat Singh, Aged About 40
Years, Ashapura Nagar, Jhalamand
                                                        ----Petitioner
                                Versus
1.     Anoop Janjariya, Branch Manager, M/s Hinduja Leyland
       Finance Ltd
2.     Durga Singh, Employee, M/s Hinduja Leyland Finance Ltd
3.     Choudhary Employee, M/s Hinduja Leyland Finance Ltd.
4.     Bhati Employee, M/s Hinduja Leyland Finance Ltd.
5.     All Employees And Persons Included In Case, 49 Nk
       Tower, First Floor, Chopasani Road
                                                     ----Respondents


For Petitioner(s)       :    Mr. Parveen Dayal Dave
For Respondent(s)       :    Mr. VS Rajpurohit, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATIOrder

26/11/20181.        The petitioner has preferred this criminal misc. petition

underSection 482Cr.P.C. seeking fair investigation in FIR

No.0349/2018 registered at Police Station Kudi Bhegtasani for the

offences underSections 341,323,34,354and379of IPC.2.In    Manoj       Kumaria   Shankaria      Vs.   State    of

Rajasthan & Anr., 2014(3) Raj.CriC 965, Narayan Singh Vs.

State of Rajasthan & Anr., 2013(1) Cri.L.R.264 and Aziza

Begum Vs. State of Maharashtra & Anr., 2012(1) RLW 835,

wherein the Hon'ble Apex Court has held that a fair and proper

investigation is always conducive to the ends of justice and for
                                                                     (2 of 2)                  [CRLMP-4109/2018]


                                   establishing rule of law.3.InShyam Singh Vs. State of Rajasthan & Anr.,

                                   2015(3)    Cri.L.R.   1375     and    Gopal     Nath       Vs.   State   of

                                   Rajasthan & Anr., 2015(4) Cri.L.R. 1617 also the petitioner

                                   therein was permitted to submit a representation before the

                                   investigating officer and the investigating officer was directed to

                                   consider the documents 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 alongwith all the relevant

                                   documents before the Deputy Commissioner of Police (West)

                                   Jodhpur within a period of ten days from today, then the same

                                   shall be considered at the time of investigation.5.         In light of the aforesaid precedent law as well as the

                                   assurance given by the learned Public Prosecutor, the present

                                   misc. petition is disposed of with a direction to the Deputy

                                   Commissioner     of   Police   (West)       Jodhpur   to    consider     the

                                   representation alongwith all the relevant documents, if submitted

                                   by the petitioner within a period of ten days from today, and

                                   conduct fair investigation, strictly in accordance with law.(DR. PUSHPENDRA SINGH BHATI),J

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