[2025:RJ-JP:36365] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 5512/2025 Manoj Kumar Gangawat Son Of Shri Gangasahay, Aged About 30 Years, Resident Of Village Pundra, Tehsil Reni, District Alwar. (Raj). ----Petitioner Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Director General Of Police, Police Head Quarter, Lal Kothi Scheme, Jaipur (Raj). 3. Superintendent Of Police, Alwar, District Alwar (Raj). 4. Station House Officer, Police Station Aravali Vihar, District Alwar (Raj). ----Respondents For Petitioner(s) : Mr. Ashish Bairwa, Ms. Sushmita Kumar for Mr. Babu Lal Bairwa For Respondent(s) : Mr. Vivek Choudhary, PP HON'BLE MR. JUSTICE SUDESH BANSAL Order 09/09/2025 1. It appears that the FIR No.590/2023 was registered at Police Station Aravali Vihar, District Alwar for offences under Sections 420, 467, 468, 471 and 120-B of IPC on filing the criminal complaint by petitioner before the Court of Additional Chief Judicial Magistrate No.3, Alwar. 2. The grievance of the petitioner is that investigation in the FIR has neither been carried out fairly and impartially nor the investigation has been concluded so far. [2025:RJ-JP:36365] (2 of 2) [CRLMP-5512/2025] 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. to monitor the investigation so also to ensure the fair and impartial investigation, if required. 4. Counsel for petitioner does not dispute that the petitioner has not approached before the concerned Magistrate for seeking fair and impartial investigation in the impugned FIR and has directly filed the instant criminal miscellaneous petition invoking the jurisdiction of High Court under Section 482 Cr.P.C., hence in the light of judgment of Apex Court in Sakiri Vasu (supra), seeks permission to withdraw the instant petition with liberty to approach before the concerned Magistrate for ventilating his grievance. 5. In view of above, the instant petition is dismissed as withdrawn with liberty as prayed for. 6. All pending application(s), if any, stand(s) disposed of. (SUDESH BANSAL),J pcg/31