[2025:RJ-JP:36103] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 5454/2025 Smt Rinku Meena W/o Mr. Kapil Meena, Aged About 39 Years, R/ o 379K, Behind Ganesh Temple, Shivaji Nagar, Madanganj, Ajmer, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through P.p. 2. The State Of Rajasthan, Through Additional Chief Secretary, Government Of Rajasthan, Secretariat, Jaipur. 3. The Director General Of Police, Head Quarter, Jaipur 4. The Superintendent Of Police, Ajmer, Rajasthan. 5. The Sho, Police Station Bander Sindri, District Ajmer, Rajasthan. ----Respondents For Petitioner(s) : Mr. Pradeep Mathur For Respondent(s) : Mr. Vivek Choudhary, PP HON'BLE MR. JUSTICE SUDESH BANSAL Order 08/09/2025 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.91/2025 registered at Police Station Bander Sindri, District Ajmer for offences u/s. 115(2), 126(2) and 303(2) of BNS. 2. Counsel for petitioner states that petitioner made several representations to higher Authorities to expedite the investigation, however, no heed was made. 3. Counsel for petitioner does not dispute that the petitioner, instead of approaching the concerned Judicial Magistrate, for ventilation of her grievance, who has power & jurisdiction under [2025:RJ-JP:36103] (2 of 2) [CRLMP-5454/2025] Section 175/ 176 of BNSS [erstwhile Section 156(3) of Cr.P.C] to monitor the investigation so also to ensure the fair and impartial investigation, has directly filed the instant criminal miscellaneous petition invoking the jurisdiction of High Court under Section 528 BNSS. 4. The Hon’ble Supreme Court in catena of judgment has deprecated such practice and the reference of judgment of Apex Court in Case of Sakiri Vasu Vs. State of Uttar Pradesh [(2008) 2 SCC 409] may be given. 5. In such view of the matter, counsel for petitioner does not want to pursue the petition on merits and seeks permission to withdraw the same with liberty to petitioner to approach before the concerned Judicial Magistrate, for ventilating her grievance. 6. Permission is granted. 7. Accordingly, the present misc. petition is dismissed as withdrawn with the liberty as prayed for. 8. Stay application and pending application(s), if any, stand disposed of. (SUDESH BANSAL),J Sachin/46