SMT YOGITA PAREEK W/O SHRI KAMAL KISHOR PAREEK v. STATE OF RAJASTHAN
CRLW/1807/2024 · 2025-02-04
Ganesh Ram Meena
body2025
DailyLaw.ai
[ 2025 DAILYLAW 29305 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29305 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:4860] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No. 1807/2024 Smt Yogita Pareek W/o Shri Kamal Kishor Pareek, Aged About 42 Years, R/o Plot No. 31/482, Pratap Nagar, Sanganer Jaipur (Raj.) ----Petitioner Versus
1. State Of Rajasthan, Through Secretary, Home Department, Government Of Rajasthan, Secretariat, Jaipur.
2. Police Commissioner, Police Commissionerate, M.i. Road, Jaipur.
3. Deputy Commissioner Of Police East, Near Gopalpura Bypass, Tonk Road, Jaipur.
4. Pushpendra
Solanki,
Additional
Dcp,
Police Commissionerate, M.i. Road, Jaipur.
5. Amit Sharma, S.h.o. Police Station Sanganer Jaipur (At Present Posted At Sho Police Station Shipra Path Jaipur).
6. Jainarayan, A.s.i. Police Station Sanganer Jaipur.
7. Pushpa Meena, S.i. Police Station Sanganer Jaipur.
8. Mahendra Singh, S.i. Police Station Sanganer Jaipur.
9. Mukesh, Constable, Police Station Sanganer Jaipur.
10. Lekhraj, Constable Police Station Sanganer Jaipur. ----Respondents For Petitioner(s) : Mr. Malkhan Chaturvedi For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE GANESH RAM MEENA
Order 04/02/2025
1. This criminal writ petition has been filed by the petitioner with a prayer to issue directions to the respondent Nos.2 & 3 to register FIR against the respondent Nos.4 to 10 as regards the allegations against the Police officials (respondent Nos.4 to 10) of using their official powers in the matter stating that they have
[2025:RJ-JP:4860] (2 of 2) [CRLW-1807/2024] submitted final report instead of submitting charge-sheet against the accused in connection with FIR No.590/2023.
2. Section 156(3) of the Cr.P.C. and Section 175(4) of the B.N.S.S. provides that any Magistrate empowered, may upon receiving a complaint against the public servant arising in course of the discharge of his official duties, take cognizance, subject to- (a) receiving a report containing facts and circumstances of the incident from the officer superior to him and; (b) after
consideration of the assertions made by the public servant as to the situation that led to the incident so alleged.
3. In view of the facts narrated by counsel for the petitioner, he has a remedy to approach the concerned Magistrate for his grievances which have been raised in the present petition.
4. This Court in exercise of its inherent jurisdiction would not like to exercise the powers vested with the Magistrate.
5. Accordingly, this criminal writ petition is disposed of with liberty to the petitioner to approach the concerned Magistrate for the grievances raised in the petition who may consider and pass appropriate orders strictly in accordance with law.
(GANESH RAM MEENA),J Satyendra/51