[2025:RJ-JP:33789] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1612/2025 Sachin Kumar Mittal S/o Shri Ramniwas Mittal, Aged About 34 Years, R/o Malakpada, Badi, District Dholpur, Rajasthan. ----Petitioner Versus 1. State of Rajasthan, through Public Prosecutor. 2. Superintendent of Police, Dholpur, District Dholpur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Ramit Pareek For Respondent(s) : Mr. Vivek Choudhary, PP HON'BLE MR. JUSTICE SUDESH BANSAL Order 26/08/2025 1. Instant criminal misc. petition under Section 528 BNSS, 2023 has been filed by and on behalf of petitioner-complainant praying for fair, impartial and proper investigation in the FIR No. 23/2025 registered at Police Station Badi, District Dholpur for offences under Sections 115(2), 126(2), 109(1) and 351(2). 2. It has been argued that petitioner lodged FIR on 17.01.2025, in respect of an assault made on his father on 16.01.2025. It has been argued that petitioner's father sustained grievous injuries and has to be hospitalized immediately, however, later on when he regain his conscious, he has named the persons, who made assault on him viz. Manish and Bhagwan Das and further named one Mr. Suman, who is the key person behind this conspiracy to made attack on him. [2025:RJ-JP:33789] (2 of 3) [CRLMP-1612/2025] 3. It has been argued that a day before the alleged attack, Mr. Suman threatened petitioner's father, a practicing Advocate, in the Court premises to leave persuasion of one civil matter and he is the main accused behind entire incident. 4. Counsel for petitioner admits that after filing of instant petition, the investigation by police has been completed and charge-sheet against two accused persons namely Manish and Bhagwan Das for offences under Sections 115(2), 117(2), 126(2), 110, 351(2) and 324(4) of BNS, 2023 has been filed on 08.03.2025, but accused Suman has been exonerated, that too without discussing the allegations made by the victim in his statements, during course of investigation. Hence, the grievance of petitioner is that police has not investigated the matter thoroughly and the main accused has been exonerated arbitrarily and no charge-sheet has been filed against him. 5. Be that as it may, in view of the fact that investigation has been concluded by police and charge-sheet has been filed, petitioner has the appropriate remedy to raise his grievance, particularly in respect of impleadment of Mr. Suman as accused in the present criminal case, before the concerned Judicial Magistrate. Petitioner is always at liberty to move an appropriate application or protest petition seeking further investigation as well. 6. In view of above, counsel for petitioner seeks permission to withdraw this petition to take appropriate remedy as available in law before the concerned Judicial Magistrate to ventilate his grievances. [2025:RJ-JP:33789] (3 of 3) [CRLMP-1612/2025] 7. Accordingly, instant petition stands disposed of as withdrawn with liberty as prayed for. 8. All pending application(s), if any, also stand(s) disposed of. (SUDESH BANSAL),J NITIN /5