DINESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant miscellaneous petition has been filed by the petitioner seeking direction for conducting fair investigation of the FIR No.221/2021 and 359/2021 registered at the P.S. Pipar City, Jodhpur Rural for the offences under Ss. 457 and 380 I.P.C.

(2.) The petitioner submitted an F.I.R. against unknown persons for the aforesaid offences but according to the petitioner, the police authorities have not taken any action in the matter.

(3.) This Court is of the opinion that in view of the observations made and directions issued by the Hon'ble Apex Court in the case of Sakiri 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 and if he is aggrieved of any lack of action by the police as regards the FIR which has been filed by him/her, the appropriate course of action for the aggrieved person is to 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. Thereafter the trial court shall call for the report from the I.O. and issue appropriate direction in consonance with the view expressed by the Hon'ble Apex Court.