[2025:RJ-JP:34954] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 2773/2025 Hemraj S/o Shri Ramchandra, Aged About 40 Years, Resident of Bardi Walon Ki Dhani, Manyawash, Mansarovar, Jaipur City (South), Rajasthan. ----Petitioner Versus 1. State of Rajasthan, through P.P. 2. Inspector General of Police, Jaipur. 3. Additional Superintendent of Police, Jaipur City (South). 4. SHO Police Station Muhana, Jaipur City (South), District Jaipur (South). ----Respondents For Petitioner(s) : Mr. Tushar Sharma Mr. Jitendra Sharma For Respondent(s) : Mr. Vivek Choudhary, PP HON'BLE MR. JUSTICE SUDESH BANSAL Order 01/09/2025 1. Petitioner has invoked the inherent jurisdiction of the High Court under Section 528 of the BNSS, seeking fair, proper, impartial and expeditious investigation in the FIR No. 331/2025 registered at Police Station Muhana, Jaipur City (South). 2. Undisputedly, alleged FIR came to be registered on behest of filing a criminal complaint under Section 210 of BNSS by the petitioner before the Court of Special Judge, SC/ST (Prevention of Atrocities) Cases, Jaipur Metropolitan I, hence, in view of Section 175 of BNSS, petitioner has alternative remedy to ventilate his grievance, if any, in respect of improper and unfair investigation. 3. The Hon’ble Supreme Court in catena of judgment has clarified that the Judicial Magistrate has powers under Section [2025:RJ-JP:34954] (2 of 2) [CRLMP-2773/2025] 175(3) of BNSS [erstwhile Section 156(3) of Cr.P.C] to monitor the investigation so also to ensure the fair and impartial investigation, if required. Reference of judgment of Apex Court in Case of Sakiri Vasu Vs. State of Uttar Pradesh [(2008) 2 SCC 409] may be given. 4. In such view of the matter, since the alternative remedy is available to the petitioner to ventilate his grievance before the concerned Magistrate, this Court is not inclined to issue any direction for fair and expeditious investigation, in exercise of its inherent jurisdiction under Section 528 of BNSS, 2023. 5. Accordingly, the instant criminal miscellaneous petition is hereby dismissed. 6. All pending application(s), if any, stand(s) disposed of. (SUDESH BANSAL),J NITIN /4