[2025:RJ-JP:29953] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 3682/2025 Pramod Kumar Sharma S/o N.l. Sharma, R/o Sd-238, Shanti Nagar, Sodala Jaipur The Then President, Meenawala Housing Cooperative Society. ----Petitioner Versus The State of Rajasthan through PP. ----Respondent For Petitioner(s) : Mr. Rajneesh Gupta For Respondent(s) : Mr. Rishi Raj Singh Rathore, PP HON'BLE MR. JUSTICE SUDESH BANSAL Order 05/08/2025 1. Instant Criminal Miscellaneous Petition under Section 528 BNSS has been filed by and on behalf of complainant, raising a grievance that in FIR No.221/2024, registered at Police Station Jamwaramgarh, District Jaipur Rural for offences under Sections 318(4), 316(2), 61(2)(a), 352 & 351(2) of BNS, investigation is not being conducted in fair and impartial manner rather investigation has been kept withheld. An alternative prayer, to transfer the investigation to CID (Crime Branch) or any other independent agency, has also been made. 2. Learned Public Prosecutor has placed on record the factual report dated 16.07.2025 in the present FIR No.221/2024. As per factual report, complainant has not turned up before the Investigating Officer to proceed with further investigation and the [2025:RJ-JP:29953] (2 of 2) [CRLMP-3682/2025] offences against complainant in cross FIR No.207/2024, have been apparently found proved. 3. In view of the factual report, since it has transpired to the Court that further investigation in the FIR No.221/2024 is pending due to non-appearance of the complainant himself, hence, it is hereby observed that the petitioner-complainant is at liberty to appear before the Investigating Officer along with documents. In case, petitioner appears, Investigating Officer shall proceed with the investigation, obviously in fair and impartial manner. No prima facie case to transfer the investigation to CID (Crime Branch), is make out. 4. Accordingly, with the aforesaid directions, the present criminal miscellaneous petition stands disposed of. 5. All pending application(s), if any, stand(s) disposed of. (SUDESH BANSAL),J RONAK JAIMAN/27