[2025:RJ-JP:10747] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1412/2025 Radhesyam @ Billu S/o Babulal, Aged About 45 Years, R/o Bandha Purohit, Bansur, Kotputli Behror, Rajasthan. ----Petitioner/complainant Versus State of Rajasthan, through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Mohit Gupta, Advocate For Respondent(s) : Mr. Naresh Gupta, Public Prosecutor HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 10/03/2025 : Instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been preferred on behalf of complainant- petitioner seeking fair & impartial investigation as well as arrest of the accused in the impugned F.I.R. No.25/2025 registered at Police Station Bansur District Kotputli Behor for offences punishable under Sections 318 (4), 338, 336 (3), 61(2)(a) of B.N.S., 2023. The petitioner filed the aforesaid F.I.R. against the accused person(s) named in the F.I.R. for the alleged offences. According to learned counsel for the petitioner/complainant, the Police authorities have not taken any action against the accused-person(s) and, thus, an appropriate direction may be given for fair & impartial investigation of the aforesaid F.I.R. From perusal of the record, it appears that the impugned F.I.R. came to be registered through criminal complaint filed before the Court of Additional Chief Judicial Magistrate, Bansur District Alwar. The petitioner has not approached before the concerned Magistrate for his grievances, rather directly filed the present petition invoking the [2025:RJ-JP:10747] (2 of 2) [CRLMP-1412/2025] jurisdiction of the Rajasthan High Court under Section 528 of B.N.S.S., 2023. Heard. Perused. Hon’ble Apex Court in the case of Sakiri Vasu Vs. State of U.P. & Others, reported in A.I.R. 2008 SC 907, in Para 27, has held that the Magistrate has very wide powers to direct registration of an F.I.R. and to ensure a proper investigation, and for this purpose he can monitor the investigation to ensure that the investigation is done properly (though he cannot investigate himself). The High Court should discourage the practice of filing a writ petition or petition under Section 482 of Cr.P.C. simply because a person has a grievance that his F.I.R. has not been registered by the Police, or after being registered, proper investigation has not been done by the Police. For this grievance, the remedy lies under Sections 36 and 154 (3) before the concerned Police Officers, and if that is of no avail, under Section 156 (3) Cr.P.C. before the Magistrate or by filing a criminal complaint under Section 200 Cr.P.C. and not by filing a writ petition or a petition under Section 482 Cr.P.C.” Considering the facts & circumstances of case & submissions made herein-above, this Court is of the view that the petitioner is not remediless for redressal of his grievance and he may approach the ld. Magistrate concerned. Consequently, the present petition stands disposed of. In case, the petitioner approaches the ld. Magistrate concerned, the ld. Magistrate shall proceed in accordance with law. (VINOD KUMAR BHARWANI ),J ASHOK/