REKHA AGRAWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has filed this Criminal Misc. Petition seeking fair investigation in FIR No. 374/2019.

(2.) FIR was lodged by the complainant on 4/8/2019. Without waiting for the police to commence the investigation, present misc. petition was filed before the High Court on 14/8/2019.

(3.) Apex Court in "Sakiri Vasu v. State of U.P. and Ors. AIR 2008 SC Page 907" has held that the Judicial Magistrate has very wide powers to enquire about the investigation and for monitoring the investigation to ensure that the investigation is done properly. Apex Court has further observed that the High Court should discourage the practice of filing Writ Petitions or petitions under Sec. 482 Cr.P.C. simply because a person has a grievance that investigation has not been done properly by the Police. For this grievance, the remedy lies before the Magistrate concerned.