[2025:RJ-JP:13437] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1629/2025 Hiralal Shastri Son of Shri Bhunaram, Aged About 53 Years, Resident Of Village Haripura, Losan, Tehsil Dantaramgarh, District Sikar (Raj.) ----Complainant-Petitioner Versus 1. State of Rajasthan, Through Public Prosecutor. 2. Director General of Police, Police Head Quarter, Lal Kothi Scheme, Jaipur (Raj.) 3. Superintendent of Police, Sikar, District Sikar (Raj.) 4. Station House Officer, Police Station Losal, District Sikar (Raj.) ----Respondents For Petitioner(s) : Mr. Parmanand Paliwal, Advocate & Mr. Mahendra Singh Gothwal, Advocate Mr. Pawan Kumar Sharma, Advocate & Ms. Bharti Sharma, Advocate For Respondent(s) : Mr. Jaiprakash Tiwari, Public Prosecutor HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 25/03/2025 : Instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been preferred on behalf of complainant- petitioner seeking direction to the respondents to conduct a fair & impartial investigation as well as arrest of the accused in the F.I.R. No.0127/2024 registered at Police Station Losal District Sikar City (South) for offences punishable under Sections 189(2), 332 (C) & 352 of B.N.S., 2023 and under Section 3 (1) (s) & 3 (2) (Va) of the S.C./S.T. (Prevention of Atrocities) Act, 1989 (Amendment 2015). The petitioner filed the aforesaid F.I.R. against the accused person(s) named in the F.I.R. for the alleged offences after an inordinate delay of seven months. The petitioner has also filed an another F.I.R. No.0189/2024 at Police Station Losal District Sikar but till date no arrest has been made by the Police. 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 [2025:RJ-JP:13437] (2 of 2) [CRLMP-1629/2025] be given to the respondents to conduct a fair & impartial investigation of the aforesaid F.I.Rs. From perusal of the record, it appears that the F.I.Rs. came to be registered through criminal complaint filed before the Court of ld. Special Judge, S.C./S.T. (Prevention of Atrocities) Cases, Sikar. The petitioner has not approached before the concerned Magistrate for his grievances, rather directly filed the present petition invoking the jurisdiction of the Rajasthan High Court under Section 528 of the 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 as under:- “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 & 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, therefore, 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