[2025:RJ-JP:38978] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 5977/2025 Shri Sambhudayal Sain S/o Jagdish Sain, R/o Village - Station Wali Dhani Jhar, Tehsil - Bassi, District - Jaipur, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through Pp 2. Director General Of Police, Police Head Quarter, Lal Kothi, Jaipur 3. Deputy Commissioner Of Police, Jaipur East, Jaipur 4. The Station House Officer, Police Station Bassi (Jaipur City East), Jaipur ----Respondents For Petitioner(s) : Mr. Hemant Kankoriya For Respondent(s) : Mr. Vivek Choudhary, PP HON'BLE MR. JUSTICE SUDESH BANSAL Order 20/09/2025 1. Instant Criminal Misc. Petition under Section 528 of BNSS, for seeking fair and impartial investigation in the impugned FIR No. 617/2024, registered at Police Station Bassi, Jaipur City (East) for the offences under sections 108, 308(2), 351(2), 351(3) & 61(2)(a) of BNS, 2023. 2. It appears that the FIR was registered through filing of criminal complaint before the Additional Chief Judicial Magistrate No.12, Bassi, Jaipur Metropolitan-I, Jaipur and without approaching first before the concerned Judicial Magistrate, petitioner has directly invoked inherent jurisdiction of High Court for fair and impartial investigation. [2025:RJ-JP:38978] (2 of 2) [CRLMP-5977/2025] 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. (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 pcg/53