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2025 DAILYLAW 20146 (RAJ)

SUJATA W/O LATE SHRI MAHESH CHAND v. STATE OF RAJASTHAN

CRLMP/3384/2025 · 2025-08-29

Sudesh Bansal

body2025

Judgment text

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[2025:RJ-JP:34674] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 3384/2025 Sujata W/o Late Shri Mahesh Chand, Aged About 31 Years, Resident Of House No. 3/826, Sector 3, Malviya Nagar, Jaipur. ----Petitioner Versus State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Mr. Rohit Bhardwaj For Respondent(s) : Mr. Rishi Raj Singh Rathore, PP HON'BLE MR. JUSTICE SUDESH BANSAL Order 29/08/2025 1. Petitioner is a complainant and has filed this misc. petition under Section 528 BNSS, seeking direction for fair, impartial & expeditious investigation in FIR No.89/2025 registered at Police Station Malviya Nagar, District Jaipur City (East) for offences u/s. 115(2), 128(2), 3(5) and 351(2) of BNS. 2. The Hon’ble Supreme Court in catena of judgment has clarified that the Judicial Magistrate has powers under Section 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. 3. In such view of the matter, since the alternative remedy is available to the petitioner to ventilate her grievance before the concerned Magistrate, this Court is not inclined to issue any [2025:RJ-JP:34674] (2 of 2) [CRLMP-3384/2025] direction for fair and expeditious investigation, in exercise of its inherent jurisdiction. 4. Accordingly, the instant criminal miscellaneous petition is hereby dismissed. 5. Stay application and pending application(s), if any, stand(s) disposed of. (SUDESH BANSAL),J Sachin/4