RAMLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant miscellaneous petition has been filed by the petitioner (complainant) seeking a direction for fair investigation of the F.I.R. No. 135/2011 registered at his instance at P.S. Srikaranpur for the offence under Sections 420, 467, 468, 471 and 120-B Indian Penal Code.

(2.) Succinctly stated the facts of the case are that the petitioner filed a complaint in the Court of Addl. Chief Judicial Magistrate, Srikaranpur against the respondents for the aforesaid offences. The complaint was sent to the police under Sec. 156(3) Code Criminal Procedure and F.I.R. No. 135/2011 was registered and investigation commenced instant miscellaneous petition has been preferred by the complainant with the grievance that despite registration of the F.I.R. way back in the year 2011 till date the Investigating Agency has taken no action upon his F.I.R. it has been submitted by the learned counsel for the petitioner that the petitioner approached tho I.G.P. Bikaner for changing investigation and for conduct of fair investigation and also filed complaint with Addl. Director General of Police (Crime) Rajasthan, Jaipur and Superintendent of Police, Sri Ganganagar but no action has been taken by the authorities on the complaint of the petitioner.

(3.) Upon consideration of the arguments advanced at the bar and having regard to the facts and circumstances of the case, this Court is of the opinion that the Apex Court has already laid down ample guidelines in the case of Sakiri Vasu Vs. State of U.P., AIR 2008 SC 907 for redressal of the grievances about fair investigation of the F.I.R. not being conducted. The Honourable Apex Court has held that the aggrieved person can always approach the concerned Court with an application and the Court concerned thereafter can direct fair investigation as has been held by the Apex Court in the aforesaid judgment. The petitioner has directly approached Court without first approaching the Court concerned with a prayer for fair investigation. The Apex Court, in the case of Sakiri Vasu (supra) has strongly recommended that the litigants should not be encouraged to approach the High Court directly with a prayer for fair investigation without first filing an application in the concerned Court.