Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:36366] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 5638/2025 Prahlad S/o Ramchandra, R/o Juwada, Sawai Madhopur, Rajasthan, Presently Residing At 356, Jadon Nagar-A, Durgapura, Jawahar Circle, Jaipur, Rajasthan. ----Petitioner Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. The Director General Of Police, Rajasthan, Jaipur.
3. The Commissioner Of Police, Police Commissionerate, Govt. Hostel, M.i. Road, Jaipur.
4. The Deputy Commissioner Of Police, Jaipur City (South).
5. The Station House Officer, Police Station Shivdaspura, District Jaipur City (South). ----Respondents For Petitioner(s) : Mr. Atul Kumar Jain, Mr. Hemraj Rodiya For Respondent(s) : Mr. Rishi Raj Singh Rathore, PP HON'BLE MR. JUSTICE SUDESH BANSAL
Order 09/09/2025
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.323/2025 registered at Police Station Shivdaspura, District Jaipur City (South) for offences u/s.
318(4) & 316(2) of BNS.
2. The Hon’ble Supreme Court in catena of judgment has clarified that the Judicial Magistrate has powers under Section 175(3) of BNSS [erstwhile Section 156(3) of Cr.P.C] to monitor the investigation so also to ensure the fair and impartial investigation,
[2025:RJ-JP:36366] (2 of 2) [CRLMP-5638/2025] if required. Reference of judgment of Apex Court in Case of Sakiri Vasu Vs. State of Uttar Pradesh [(2008) 2 SCC 409] may be given.
3. In such view of the matter, since the alternative remedy is available to the petitioner to ventilate his grievance before the concerned Magistrate, this Court is not inclined to issue any direction for fair and expeditious investigation, in exercise of its inherent jurisdiction.
4. Accordingly, the instant criminal miscellaneous petition is hereby dismissed.
5. Stay application and pending application(s), if any, stand(s)
disposed of.
(SUDESH BANSAL),J pcg/39