[2025:RJ-JP:39364] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 5266/2025 Rampratap Son Of Shri Laxminaryan Gurjar, Aged About 50 Years, Resident Of Village Medekapura, Police Station Nadoti, District Karauli Raj. ----Petitioner Versus 1. State Of Rajasthan, Through P.p. 2. The Director General Of Police, Police Head Quarter, Jaipur (Raj). 3. Superintendent Of Police, Karauli, District Karauli (Raj). 4. The Station House Officer, Police Station Nadoti, District Karauli (Raj). ----Respondents For Petitioner(s) : Mr. Babu Lal Bairwa For Respondent(s) : Mr. Rishi Raj Singh Rathore, PP HON'BLE MR. JUSTICE SUDESH BANSAL Order 24/09/2025 1. Instant Criminal Misc. Petition under Section 528 of BNSS, has been filed, seeking fair and impartial investigation in the impugned FIR No.144/2025, registered at Police Station Nadoti, District Karauli for the offences under sections 115(2), 126(2), 356(2) & 351(2) of BNS, 2023. 2. It appears that the FIR was registered through filing of criminal complaint before the Court of Civil Judge and Judicial Magistrate, Nadoti, District Karauli and without first approaching the concerned Judicial Magistrate, petitioner has directly invoked [2025:RJ-JP:39364] (2 of 2) [CRLMP-5266/2025] inherent jurisdiction of High Court for fair and impartial investigation. 3. The Hon’ble Supreme Court in catena of judgment has deprecated such practice, the reference of judgment of Apex Court in Case of Sakiri Vasu Vs. State of Uttar Pradesh [(2008) 2 SCC 409] may be given, wherein it has been clarified that the Judicial Magistrate has powers under Section 156(3) Cr.P.C. (now Section 175 of BNSS, 2023) to monitor the investigation so also to ensure the fair and impartial investigation, if required. 4. In view of above, the instant petition stands disposed of with liberty to petitioner to approach before the concerned Magistrate for ventilating his grievance. 5. All pending application(s), if any, stand(s) disposed of. (SUDESH BANSAL),J RONAK JAIMAN/31