Person Aggrieved By Unfair Investigation Of FIR May Approach Superior Police Officer U/S 36 CrPC: Rajasthan High Court Refuses Interference

The Rajasthan High Court has held that in case unfair or improper investigation of an FIR, the aggrieved person can seek recourse by approaching a superior police officer as per Section 36 CrPC. 

Single bench of Justice Arun Monga rejected a petition filed directly before it, alleging slow and unfair probe. It held,

"The investigation is still at a very nascent stage, and the petition appears to have been filed prematurely without awaiting its outcome. Even otherwise, in my opinion, the petitioner ought to have availed of other available legal remedies for redressal of his grievance before approaching this Court."

Court thus rejected a petition filed against the investigating agency in a Cheating case alleging intentional delay on part of the Police in conducting a fair and just investigation. The petitioner alleged that the investigation agency was not proceeding in a fair manner and was intentionally stalling the investigation.

Court dismissed the petition asking the petitioner to approach the appropriate forum.

Title: Kailash Tolani v State of Rajasthan & Ors.

Citation: 2024 LiveLaw (Raj) 193

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