RESMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has preferred this Criminal Misc. Petition under Sec. 482 Cr.P.C. seeking fair investigation.

(2.) Apex Court in "Sakiri Vasu vs. State of U.P. and Ors. AIR 2008 SC Page 907 : 2008(1) RLW 136 (SC)" 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.

(3.) In view of the Judgment of Apex Court, I do not find any force in the Criminal Misc. Petition and the same is accordingly disposed. Stay application and pending application stands disposed.