Naresh Jain v. State Of Rajasthan, Through P.p

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1676/2023 Naresh Jain S/o Mr. Prashant Vimal Jain, Aged About 48 Years,R/o 49, Second Floor, Class, Income Tax Colony, Tonk Road,Jaipur. ----Petitioner Versus 1. State Of Rajasthan, Through P.p. 2. Charan Singh Khangarot S/o Shri Mukut Singh Khangarot,Aged About 45 Years, R/o A-4, Airport Enclave, DurgapuraTonk Road, Jaipur.Aged About 45 Years, R/o A-4, Airport Enclave, DurgapuraTonk Road, Jaipur. ----Respondents For Petitioner(s) : Ms. Shretima Bagri for Mr. Nitish BagriMr. Nitish BagriFor Respondent(s): Mr. Imran Khan, PP HON'BLE MR. JUSTICE BIRENDRA KUMAR Order 31/03/2023 Heard the parties. The petitioner has approached this court for issuing directionfor fair investigation of FIR No.0399/2022 registered with PoliceStation Bajaj Nagar, District-Jaipur (East) for offences underSections 420 and 406 of IPC. Learned Magistrate has ample powers under the Code ofCriminal Procedure to monitor fair investigation of a case and TheHon’ble Supreme Court has consistently stated that instead ofinvoking jurisdiction under Article 226 of The Constitution of Indiaor under Section 482 of Cr.P.C, the aggrieved person shouldapproach the learned Magistrate itself who has got ample powerunder Cr.P.C to do the needful. In Sakiri Vasu Vs. State of U.P. & Ors. reported in AIR2008 SC 907, the Hon’ble Supreme Court stated in para 27 asfollows:- “27. As we have already observed above, theMagistrate has very wide powers to direct registrationof an FIR and to ensure a proper investigation, and forthis purpose he can monitor the investigation to ensurethat the investigation is done properly (though hecannot investigate himself). The High Court shoulddiscourage the practice of filing a writ petition orpetition under Section 482 Cr.P.C. simply because aperson has a grievance that his FIR has not beenregistered by the police, or after being registered,proper investigation has not been done by the police.For this grievance, the remedy lies under Sections 36and 154(3) before the concerned police officers, and ifthat is of no avail, under Section 156(3) Cr.P.C. beforethe Magistrate or by filing a criminal complaint underSection 200 Cr.P.C. and not by filing a writ petition or apetition under Section 482, Cr.P.C.” The aforesaid view was reiterated inSudhir Bhaskarrao Rao Tambe Vs. Hemant Yashwant Dhage and Ors. reported in 2016 (6) SCC 277. Again inM. Subramaniam and Anr. Vs. S. Janaki and Anr.reported in 2020 (16) SCC 728, a three Judges Bench ofHon’ble Supreme Court reiterated the view taken in Sakiri Vasu(supra). Considering the fact that the petitioner is not remediless forredressal of his grievance, this court is not inclined to entertainthis petition. The petitioner may approach the Magistrateconcerned. With the aforesaid observation, the instant petition standsdisposed of. If the petitioner approaches the Magistrate concerned, thelearned Judicial Magistrate shall proceed according to lawexpeditiously. (BIRENDRA KUMAR),J Sunita/19